Hoffmann v Boland

The case of Hoffmann v Boland concerned a personal injury claim brought by a plaintiff, injured as an infant when she fell down stairs while being carried by her grandmother. The plaintiff alleged negligence against her grandmother, the designer of the staircase, and the builder responsible for renovations. The matter came before the Court of Appeal of New South Wales, with Basten and Barrett JJA and Sackville AJA presiding.

The primary legal issues before the Court of Appeal were whether the plaintiff's grandmother owed a duty of care to the infant plaintiff and, if so, whether she was negligent in the manner in which she descended the stairs. Additionally, the court considered whether the designer of the staircase or the builder had failed to take reasonable care in its design and construction. The appeals also involved questions regarding the appropriate orders for costs, including whether a *Sanderson* order was appropriate.

The Court of Appeal allowed the appeal against the grandmother (the First Respondent), finding that she was not liable. The appeals against the other respondents (the designer and builder) were dismissed. The court set aside the initial judgment and entered a verdict and judgment for the grandmother against the plaintiff. The court also made significant orders regarding the costs of the appeals and the trial, generally ordering the plaintiff to pay the costs of the defendants against whom her claims were dismissed, and the first defendant to pay the costs of the other defendants in relation to a cross-claim.