Kosciusko Thredbo Pty Ltd v Smith

Kosciusko Thredbo Pty Ltd appealed to the Supreme Court of New South Wales from a decision of the District Court which had found the company liable in negligence for injuries sustained by the respondent, Ms. Smith, a beginner skier. Ms. Smith had been participating in a ski lesson conducted by an instructor employed by Kosciusko Thredbo. The dispute centred on whether the instructor had failed to provide a safe learning environment, specifically by not allowing a sufficient runout area when teaching Ms. Smith to snowplough, leading to her fall and injury.

The primary legal issues before the Supreme Court were whether the skiing instructor owed a duty of care to Ms. Smith, and if so, whether the instructor's actions or omissions constituted a breach of that duty. The court was required to determine whether the instructor's alleged misjudgment in selecting the teaching location and allowing for a sufficient runout area amounted to a mere error of judgment, which would not attract liability, or whether it constituted negligence. The court also considered the inherent risks associated with skiing as a factor in assessing the standard of care required.

The Supreme Court upheld the District Court's finding of negligence. The court reasoned that the instructor, as an employee of Kosciusko Thredbo, owed a duty of care to Ms. Smith, a participant in the ski lesson. This duty required the instructor to take reasonable steps to ensure her safety, which included selecting an appropriate and safe area for instruction, particularly for beginners. The court found that the instructor's failure to provide an adequate runout area for a beginner learning to snowplough was not a mere error of judgment but a failure to exercise reasonable care. The inherent risks of skiing did not absolve the instructor from this duty of care.

The appeal was dismissed, and Kosciusko Thredbo Pty Ltd was ordered to pay the costs of the appeal.