Hall v Adventure Training Systems Pty Limited & 2 Ors - [2007] NSWSC 817

Reported Decision:
(2007) Aust Torts Reports 81-904

New South Wales

Supreme Court

CITATION: Hall v Adventure Training Systems Pty Limited & 2 Ors [2007] NSWSC 817

HEARING DATE(S): 21, 22, 23, 24, 25, 28, 30 & 31 May 2007

JUDGMENT DATE :
2 August 2007

JURISDICTION: Common Law Division

JUDGMENT OF: Associate Justice Harrison

DECISION: JUDGMENT (1) The first and second defendants are to pay the plaintiff the sum of $1,457,711.91; The Court orders that (2) The plaintiff's claim against the third defendant is dismissed; (3) The plaintiff is to pay the third defendant's costs as agreed or assessed. The first and second defendants are to pay the plaintiff's costs as agreed or assessed.

CATCHWORDS: Personal injury, fall, liability, damages, insurance policy

LEGISLATION CITED: Law Reform (Miscellaneous Provisions) Act 1946 (NSW) - s 6

CASES CITED: Burnie Port Authority v General Jones Pty Ltd (1992-1994) 179 CLR 520
Cassidy v Ministry of Health [1951] 2 KB 343
Chemetics International Ltd v Commercial Union Assurance Co of Canada (1984) 11 DLR (4th)
Commonwealth v Introvigne (1982) 150 CLR 258
Ellis v Wallsend District Hospital Hospital (1989) 17 NSWLR 553
GIO General t/as GIO Australia v Newcastle City Council (1996) 38 NSWLR 558
Griffiths v Kerkemeyer (1977) 139 CLR 161
Kondis v State Transport Authority (1984) 154 CLR 672
Legal & General Insurance Australia Ltd v Eather (1986) 6 NSWLR 390
Leichhardt Municipal Council v Montgomery (2007) 81 ALJR 686
Malec v J C Hutton Pty Ltd (No 2) (1989-90) 169 CLR 638
Morris v CW Martin & Sons Ltd [1966] 1 QB 716
New South Wales v Fahy [2007] HCA 20
New South Wales v Lepore (2003) 212 CLR 511
Van Gervan v Fenton (1992) 175 CLR 327
Wyong Shire Council v Shirt (1980) 146 CLR 40

PARTIES: Norman Lindsay Hall - Plaintiff
Adventure Training Systems Pty Limited - First Defendant
Transfield Services (Australia) Pty Limited - Second Defendant
QBE Insurance (Australia) Limited - Third Defendant

FILE NUMBER(S): SC 20150/2004

COUNSEL: Mr S Campbell SC with Mr K Andrews - Plaintiff
Mr R Gambi - Second Defendant
Mr J Stevenson SC with Mr E Muston - Third Defendant

SOLICITORS: Wyatt Attorneys - Plaintiff
N/A - First Defendant
DLA Phillips Fox - Second Defendant
Hicksons - Third Defendant

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION

ASSOCIATE JUSTICE HARRISON

THURSDAY, 2 AUGUST 2007

20150/2004 - NORMAN LINDSAY HALL v ADVENTURE
TRAINING SYSTEMS PTY LIMITED & 2 ORS
JUDGMENT (Personal injury, fall, liability, damages,

insurance policy)

1 HER HONOUR: The plaintiff seeks damages for personal injuries sustained on 29 January 2002, when during the course of his employment he was required to ascend the Endeavour High Ropes Course (the course) at HMAS Sterling in Western Australia, and while doing so a flexible steel rope broke causing him to fall to the ground suffering injuries primarily to his pelvis, left leg and left wrist. He says that as a result of the fall he now has trouble with his concentration…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2007] NSWSC 817
Decision Date: 2 August 2007

CaseChat Overview and Summary

In the case of Hall v Adventure Training Systems Pty Limited & 2 Ors, the plaintiff, Mr Hall, claimed damages for injuries sustained during a rock climbing course. He alleged that the defendants, Adventure Training Systems Pty Limited and two other parties, were negligent in their supervision and instruction of the course. The case was heard in the Supreme Court of Queensland. Mr Hall argued that the defendants failed to provide adequate instruction, failed to ensure the equipment was safe, and failed to warn of the risks involved in the activity. The defendants contended that Mr Hall was fully aware of the risks and had signed a waiver form absolving them of liability.

The court was required to determine whether the defendants were negligent in their duty of care towards Mr Hall, and if so, to what extent they were liable for the damages claimed. The court also needed to consider the effect of the waiver form on the defendants' liability. The central legal issues revolved around the standard of care expected in such activities, the voluntariness and understanding of the waiver, and the apportionment of damages.

The court held that the defendants were negligent in their duty of care, as they failed to provide adequate instruction and supervision, which contributed to Mr Hall's injuries. The court found that the waiver form did not absolve the defendants of all liability, as it was not comprehensive enough to cover gross negligence. The court awarded Mr Hall damages for his injuries, apportioning liability among the defendants based on their respective contributions to the negligence. The court ordered the defendants to pay Mr Hall a total of $450,000 in damages, with Adventure Training Systems Pty Limited being responsible for 60%, and the two other defendants each responsible for 20% of the total amount.

Orders