Jandson Pty Ltd v Welsh

Jandson Pty Ltd appealed to the Court of Appeal of New South Wales against a judgment awarding damages to Mr. Welsh for injuries sustained when he fell down steps at a display home owned and occupied by Jandson. Mr. Welsh, an invitee, had not noticed the steps and had fallen, sustaining injuries.

The primary legal issues before the Court of Appeal were whether Jandson owed Mr. Welsh a duty of care, whether that duty had been breached, and whether the injury was foreseeable. Additionally, the court considered whether a redundancy payment received by Mr. Welsh should be credited against the damages awarded.

The majority of the Court of Appeal (Giles JA and Macfarlan JA) found that Jandson owed Mr. Welsh a duty of care as an occupier to ensure the safety of invitees. They held that the presence of the steps, particularly in the context of a display home where visitors might be distracted, presented a foreseeable risk of injury. The court determined that Jandson had breached this duty by failing to adequately warn or make the steps apparent. Regarding the redundancy payment, the majority concluded that it was not a payment that should be credited against the damages awarded for the personal injury. Hammerschlag J dissented on the question of breach.

Consequently, the appeal was dismissed by majority, and Jandson Pty Ltd was ordered to pay Mr. Welsh's costs.