Folkes v Calabaro

The appeal concerned a claim in negligence brought by the plaintiff, Mr. Folkes, against the defendant, Mr. Calabaro. Mr. Folkes had tripped and fallen on a boarding laid across a footpath as protection during building works, sustaining injuries. The central dispute revolved around whether the defendant had breached their duty of care to the plaintiff.

The court was required to determine whether the primary judge erred in finding that the boarding was visible to a pedestrian exercising reasonable care for their own safety. Further issues included whether the primary judge failed to give sufficient reasons for their findings and whether the approach taken, focusing on a pedestrian exercising reasonable care, was incorrect.

The appellate court found no error in the primary judge's reasoning. It was held that the boarding was sufficiently visible to a pedestrian exercising reasonable care, and therefore the defendant had not breached their duty of care. The court affirmed that the appropriate standard was that of a reasonable pedestrian, and that the primary judge had adequately considered all relevant evidence in reaching their conclusion.

The appeal was dismissed, and the defendant was awarded costs.