Hunt v Knight Frank (NSW) Pty Ltd

The appellant, Mr. Hunt, brought proceedings against Knight Frank (NSW) Pty Ltd and others, alleging negligence. The dispute arose from injuries Mr. Hunt sustained when he tripped over a crate immediately in front of a lift door as he exited. The matter was heard in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the occupier, Knight Frank, had breached its duty of care to Mr. Hunt by allowing the crate to be placed in such a position, and whether it was reasonably foreseeable that a person exiting the lift would trip over it. The court also considered whether the evidence supported a reasonable and definite inference that an employee or agent for whom Knight Frank was vicariously liable had placed the crate. Finally, the court was asked to determine the appropriateness of a Bullock or Sanderson order regarding costs.

The Court of Appeal found that it was reasonably foreseeable that a person exiting the lift would encounter the crate and that its placement constituted a breach of the occupier's duty of care. The court inferred from the evidence that the crate had been placed by someone for whose conduct Knight Frank was vicariously liable. The court allowed the appeal, setting aside the judgment below and entering judgment for the appellant against the second respondents on liability. The cross-appeals were dismissed. The second respondents were ordered to pay the appellant's costs of the appeal and the trial concerning their liability, while the appellant was ordered to pay the third respondent's costs of the appeal and their cross-appeal. The matter was remitted to the District Court for determination of damages.