Keane v Caravan City Cowra Pty Ltd

The case of Keane v Caravan City Cowra Pty Ltd involved a dispute between a prospective purchaser and the owner of a caravan park. The plaintiff, Keane, was granted a licence to live and work at the caravan park. During this period, Keane was instructed to perform some work by the owner, which resulted in an injury. Keane sued the caravan park for negligence, alleging that the owner breached their duty of care by instructing them to perform the work without ensuring it was safe. The case was heard in the Supreme Court of New South Wales.

The central legal issues before the court were whether the caravan park owner owed a duty of care to Keane and whether this duty was breached. The court had to determine whether the owner knew or ought to have known about the danger posed by the task assigned to Keane and whether this constituted an unreasonable want of care. Additionally, the court assessed whether Keane's contributory negligence played a role in the injury.

The court found that the caravan park owner did owe a duty of care to Keane. It was determined that the owner knew or ought to have known of the danger associated with the task and failed to take reasonable steps to ensure Keane's safety. The court held that this constituted a breach of the duty of care. However, the court also found that Keane's contributory negligence contributed to the injury. The court apportioned liability, reducing the damages recoverable by Keane in proportion to their contributory negligence.

The court ordered Caravan City Cowra Pty Ltd to pay Keane damages, reduced by the percentage of their contributory negligence. The final orders reflected the court's findings on liability and the proportionate reduction in damages.