Lanahmede Pty Ltd v Koch

[2004] SASC 204

SUPREME COURT OF SOUTH AUSTRALIA

(Full Court: Civil)

LANAHMEDE PTY LTD v KOCH

Judgment of The Full Court

(The Honourable Justice Perry, The Honourable Justice Bleby and The Honourable Justice Gray)

16 July 2004

TORTS - NEGLIGENCE - ESSENTIALS OF  ACTION FOR NEGLIGENCE - STANDARD OF CARE - PARTICULAR PERSONS AND SITUATIONS

TORTS - NEGLIGENCE - ESSENTIALS OF  ACTION FOR NEGLIGENCE - DUTY OF CARE - REASONABLE FORESEEABILITY OF DAMAGE - PARTICULAR CASES - DUTY OF OCCUPIER

TORTS - NEGLIGENCE - ESSENTIALS OF  ACTION FOR NEGLIGENCE - DUTY OF CARE - SPECIAL RELATIONSHIPS AND DUTIES - OCCUPIERS

Appeal against decision of District Court awarding the respondent damages for personal injury as a result of an action in negligence - the appellant occupied and operated Lyndoch Hotel - the respondent was a patron of the hotel assisting to remove an unruly man from the hotel - respondent and unruly man struggled on grassed area in front of the hotel -  respondent fell down embankment and suffered injuries to his foot as a result of being struck by a concrete sleeper - consideration of hotel occupier's duty of care to patrons - consideration of statutory and common law duties of care - consideration of foreseeablity of damage - consideration of contributory negligence - appellant owed the respondent a duty of care - standard of care extended to ensuring grassed area was safe for patrons - risk of harm was reasonably foreseeable - respondent not contributorily negligent  - consideration of assessment of damages - consideration of extent of injury and loss of earning capacity  - District Court judge not in error in finding breach of duty or in assessment of damages - appeal dismissed.

Liquor Licensing Act 1997 (SA) s 42; Liquor Licensing (General) Regulations 1997 (SA) Reg 9, referred to.
Cole v South Tweed Heads Rubgy League Football Club Ltd [2004] HCA 29; Club Italia (Geelong) Inc v Ritchie (2001) 3 VR 447; Gordon v Tamworth Jockey Club [2003] NSWCA 82; Bragg v R.S.L. (2003) 86 SASR 58; Wyong Shire Council v Shirt (1980) 146 CLR 40, considered.

LANAHMEDE PTY LTD v KOCH
[2004] SASC 204

Full Court:   Perry, Bleby and Gray JJ

1. PERRY J. I agree that the appeal should be dismissed for the reasons given by Gray J.

2. BLEBY J:             I am indebted to Gray J for his recital of the facts. There can be no doubt that Lanahmede was under a common law duty of care to its patrons. The content of that duty of care must be informed by the fact that patrons will, from to time, become affected by liquor and may become subject to aggressive, disorderly or offensive behaviour. The duty extends to taking steps to ensure that reasonable precautions are taken to ensure the safety from physical harm of those who may become so affected, as well as those who may be affected by such conduct of others.

3. There was an allegation in this case that Lanahmede failed to…