Dillon v Hair

The appellant, Dillon, brought proceedings against the respondent, Hair, alleging personal injury sustained due to the respondent's negligence as an occupier. The dispute concerned a risk of movement underfoot of a mat placed on a polished floor. The appeal was heard in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether a reasonable person in the circumstances of the appellant would have taken precautions to mitigate the risk of the mat moving, and whether the primary judge had failed to consider relevant evidence when making their determination.

The Court of Appeal considered the principles of occupier's liability under the *Civil Liability Act 2002* (NSW). It was held that the primary judge had correctly assessed the circumstances and the reasonableness of the precautions taken by the respondent. The Court found no error in the primary judge's assessment of the evidence or in the application of the relevant legal principles concerning the duty of care owed by an occupier to a visitor.

The appeal was dismissed, and the appellant was ordered to pay the respondent's costs.