Dempsey v Harris Scarfe Ltd

The High Court of Australia considered the appeal in *Dempsey v Harris Scarfe Ltd*. The dispute concerned the plaintiff's claim for damages for personal injuries sustained as a result of a fall on the defendant's premises. The plaintiff alleged that the fall was caused by a slippery substance on the floor, and that the defendant had failed to take reasonable care to prevent such an occurrence.

The central legal issue before the High Court was whether the defendant had breached its duty of care to the plaintiff. This involved determining whether the defendant had knowledge, or ought to have had knowledge, of the presence of the slippery substance on the floor and, if so, whether it had taken reasonable steps to remove it or warn invitees of its presence. The court also considered the question of contributory negligence on the part of the plaintiff.

The High Court found that the evidence did not establish that the defendant had actual or constructive knowledge of the slippery substance. There was no evidence to suggest how long the substance had been on the floor or that the defendant's employees had failed to conduct reasonable inspections. Consequently, the court held that the defendant had not breached its duty of care. The appeal was allowed, and the judgment in favour of the plaintiff was set aside.