Ghabour v Royal Prince Alfred Hospital

The case of *Ghabour v Royal Prince Alfred Hospital* concerned a dispute between Ms Ghabour and the Royal Prince Alfred Hospital. Ms Ghabour had brought proceedings against the hospital, alleging negligence. The matter came before the High Court of Australia, with the judgment delivered by Hayne and Callinan JJ.

The central legal issue before the High Court was whether the trial judge had erred in law by failing to direct the jury on the issue of contributory negligence. Specifically, the court had to consider whether there was sufficient evidence presented at trial to warrant a finding that Ms Ghabour had contributed to her own injuries.

In their joint judgment, Hayne and Callinan JJ found that there was no evidence upon which a jury could reasonably conclude that Ms Ghabour had been contributorily negligent. Their Honours noted that the onus of proving contributory negligence lay with the defendant, and that the evidence presented did not establish any failure on Ms Ghabour's part to take reasonable care for her own safety. Consequently, the trial judge had been correct in not leaving the issue of contributory negligence to the jury.

The High Court dismissed the appeal.