Joanne Denny v Yamba Shores Tavern Pty Ltd T/as Yamba Shores Tavern

The case of Joanne Denny versus Yamba Shores Tavern Pty Ltd T/as Yamba Shores Tavern was heard in the New South Wales Civil and Administrative Tribunal (NCAT). Ms Denny alleged that the respondent was negligent in the operation of a courtesy bus service, resulting in her suffering a wrist injury when the bus suddenly accelerated while she was standing inside it. Ms Denny claimed economic loss due to her inability to undertake domestic care following the injury.

The legal issues before the tribunal included whether the respondent breached their duty of care, and if so, whether that breach caused Ms Denny’s injuries and subsequent economic loss. The tribunal had to assess the weight and credibility of the evidence presented by both parties to determine these issues. The respondent argued that the sudden acceleration was due to a mechanical fault, and therefore not a result of negligence.

The tribunal concluded that the respondent was not negligent in the operation of the courtesy bus. The evidence indicated that the sudden acceleration was caused by a mechanical issue, which the respondent could not have foreseen or prevented. Furthermore, the tribunal found that even if negligence was established, it was unlikely to have caused Ms Denny's injury given the evidence presented. Ms Denny's standing position inside the bus, and her level of intoxication, were also factors considered in determining liability. The tribunal found that Ms Denny's injuries were more likely caused by her loss of balance due to her intoxication and standing position, rather than the alleged sudden acceleration. Consequently, the tribunal dismissed Ms Denny’s claim.