Jenolan Caves Resort Pty Ltd v Turner

Jenolan Caves Resort Pty Ltd appealed to the Supreme Court of New South Wales, Court of Appeal, against a judgment in favour of the respondent, Ms. Turner, who had sued for damages for personal injuries sustained from a slip and fall at the Jenolan Caves Resort. The dispute concerned whether the resort had been negligent in its duty of care to Ms. Turner.

The central legal issue before the Court of Appeal was whether the trial judge had erred in finding that Jenolan Caves Resort Pty Ltd had breached its duty of care to Ms. Turner by failing to take reasonable precautions against the risk of her slipping and falling. This involved an assessment of the factual circumstances of the fall and whether those circumstances established negligence on the part of the resort.

The Court of Appeal found that the evidence did not establish that the slip was caused by any failure on the part of the resort to guard against a foreseeable risk. The court concluded that the trial judge's finding of negligence was not supported by the facts presented. Consequently, the appeal was allowed, the judgment in favour of Ms. Turner was set aside, and judgment was entered for Jenolan Caves Resort Pty Ltd. Ms. Turner was ordered to pay the costs of both the appeal and the trial, and her cross-appeal was dismissed with costs.