Harridge v University of Western Sydney

The appeal concerned a claim brought by the appellant, Harridge, against the respondent, the University of Western Sydney. Harridge alleged negligence on the part of the University, stemming from an incident that occurred on University grounds. The matter was heard on appeal before the New South Wales Court of Appeal.

The central legal issues before the Court of Appeal were whether the University had been negligent in failing to take steps to alleviate a risk of sufficient magnitude, and whether any proposed preventative action would have averted the accident. A further issue arose regarding the appellant's attempt to rely on a matter not raised at the first instance.

The Court of Appeal considered the principles of negligence, particularly the duty of care owed by landowners and the assessment of foreseeable risk. It examined whether the risk identified by the appellant was of such a magnitude that the University ought to have taken specific preventative measures. Furthermore, the Court assessed the causal link between the alleged breach of duty and the appellant's injuries, considering whether the suggested remedial actions would have prevented the accident. The Court also addressed the procedural question of whether new arguments could be introduced on appeal.

Ultimately, the Court of Appeal dismissed the appeal with costs.