Cornwall v Jenkins as Trustee for the iSpin Family Trust

Cornwall v Jenkins as Trustee for the iSpin Family Trust concerned an appeal from a decision of the primary judge regarding injuries sustained by the appellant, Ms. Cornwall, during an "aerial sling" exercise class conducted by the respondent, Ms. Jenkins, as trustee for the iSpin Family Trust. Ms. Cornwall alleged that Ms. Jenkins had breached her duty of care by failing to require the use of a crash mat during the exercise, and that this breach caused her injuries. Alternatively, Ms. Cornwall argued that any breach of duty did not cause her injuries, and that she was guilty of contributory negligence.

The Court of Appeal was required to determine whether the primary judge erred in finding that the respondent had not breached her duty of care to the appellant by failing to require the use of a crash mat. The court also had to consider whether, in the alternative, any breach of duty by the respondent had caused the appellant’s injuries, and whether the appellant was guilty of contributory negligence.

The Court of Appeal upheld the primary judge's finding that there was no breach of duty. The court reasoned that the exercise, as conducted, did not present a foreseeable risk of injury that necessitated the use of a crash mat. The appellant's own actions and the inherent risks associated with the exercise were considered, and it was found that the respondent had taken reasonable precautions. Consequently, the appeal was dismissed.