Gorman v Wills

In *Gorman v Wills*, the High Court of Australia considered the liability of a lessee for injuries sustained by a customer due to a dangerous condition on business premises. The dispute arose when a customer, invited onto the premises for business purposes, suffered injury due to a defect in a staircase. The lessee argued that a covenant by the lessor to keep the premises in repair absolved them of responsibility.

The central legal issue before the High Court was whether the lessee owed a duty of care to invitees to ensure the safety of the premises, notwithstanding a contractual obligation on the lessor to maintain the property. Specifically, the court had to determine the extent of the lessee's responsibility for the condition of the staircase and whether the lessor's covenant extinguished or modified the lessee's common law duty of care.

The High Court reasoned that the lessee, as the occupier of the premises and the party inviting the customer, owed a direct duty of care to ensure the safety of those entering the premises. This duty was independent of the contractual arrangements between the lessor and lessee. The court held that the lessee could not delegate their responsibility for the safety of invitees to the lessor through a repair covenant. The presence of a dangerous condition on the premises, of which the lessee knew or ought to have known, rendered them liable for the resulting injury to the customer.

The High Court found in favour of the injured customer, holding the lessee liable for negligence.