Gerrit Wynbergen v The Hoyts Corporation Pty Ltd

Gerrit Wynbergen (the plaintiff) brought proceedings against The Hoyts Corporation Pty Ltd (the defendant) in the Supreme Court of New South Wales, Court of Appeal. The dispute concerned the plaintiff's claim for damages for personal injury sustained when he slipped and fell on a wet floor in the defendant's cinema foyer. The plaintiff alleged that the defendant had breached its duty of care owed to him as an invitee.

The primary legal issue before the Court of Appeal was whether the trial judge had erred in finding that the defendant had taken reasonable precautions to prevent the plaintiff's injury. Specifically, the court considered whether the defendant's system of inspection and cleaning of the foyer was adequate, and whether the defendant had provided sufficient warning of the presence of a wet floor.

The Court of Appeal upheld the trial judge's finding that the defendant had not breached its duty of care. The court reasoned that the defendant had implemented a reasonable system for inspecting and cleaning the foyer, which included regular checks and the availability of cleaning staff. While acknowledging that the floor was wet, the court found that the defendant had taken reasonable steps to warn patrons, including the placement of a "wet floor" sign. The court applied the principle that an occupier is not an insurer of the safety of invitees and is only required to take reasonable precautions against foreseeable risks.

The appeal was dismissed.