Consolidated Broken Hill Ltd v Edwards

In *Consolidated Broken Hill Ltd v Edwards*, the New South Wales Court of Appeal considered an appeal concerning an occupier's liability to a trespasser and the apportionment of damages. The dispute arose from an incident where Mr Edwards suffered injuries while on land owned by Consolidated Broken Hill Ltd (CBH).

The primary legal issues before the Court of Appeal were whether CBH owed a duty of care to Mr Edwards, a trespasser whom CBH had permitted to pass over its land, and if so, whether CBH had breached that duty. The Court was also required to determine the extent of Mr Edwards's contributory negligence and how liability should be apportioned between the parties, particularly in light of the deliberate and voluntary decision by Mr Edwards to undertake an obvious and serious risk. The application of section 5R of the *Civil Liability Act* was also relevant to the assessment of breach of duty.

The Court of Appeal found that the primary judge had erred in failing to apportion liability equally between the parties. While acknowledging that CBH owed a duty of care to Mr Edwards, the Court determined that Mr Edwards's own actions and his deliberate assumption of a known risk warranted a greater degree of personal responsibility than had been attributed by the trial judge. The Court applied principles of negligence and contributory negligence, considering the reasonableness of CBH's response to the obviousness of the risk and the plaintiff's duty to take care for his own safety.

The Appeal was upheld, and the original verdict and judgment were set aside. In lieu thereof, a verdict and judgment were entered for Mr Edwards in the sum of $912,915, representing an equal apportionment of the agreed damages of $1,825,830. Mr Edwards was ordered to pay the costs of the appeal and was allowed a certificate under the *Suitors Fund Act 1951* (NSW) if otherwise qualified.