Limelight Cinemas Pty Ltd v Beatty - [2018] ACTSC 18

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	Limelight Cinemas Pty Ltd v Beatty
Citation:	[2018] ACTSC 18
Hearing Date:	5 October 2017
DecisionDate:	14 February 2018
Before:	McWilliam AsJ
Decision:	1. The appeal is upheld. 2. The orders of the Magistrates Court made on 10 April and 4 May 2017 are set aside and in lieu thereof, the following orders are made: (i) Judgment is entered for the defendant. (ii) The plaintiff is to pay the defendant’s costs. 3. The respondent is to pay the appellant’s costs of the appeal.
Catchwords:	APPEAL – TORTS – Negligence – breach of duty – causation – respondent injured falling down stairs in a cinema theatre – whether error in finding breach of duty by occupier – whether error in finding that any breach of duty of care caused injury – appeal upheld with costs.
Legislation Cited:	Civil Law (Wrongs) Act 2002 (ACT) ss 42, 43, 45, 46, 102, 168 Magistrates Court Act 1930 (ACT) s 274, pt 4.5 Court Procedures Rules 2006 (ACT) r 5052
Cases Cited:	Brozinic v Iss Facility Services Australia Limited and the Federal Capital Press of Australia Pty Limited trading as The Canberra Times [2014] ACTSC 8 Brozinic v The Federal Capital Press Pty Limited trading as The Canberra Times [2015] ACTCA 8 Fox v Percy [2003] HCA 22; 214 CLR 118 Jones v Bartlett [2000] HCA 56; 205 CLR 166 Kalis v New [2017] ACTSC 334 Malek v Remondis Australia Pty Limited [2015] ACTSC 135 O’Brien v Noble [2012] ACTCA 13; 6 ACTLR 132 Owners Strata Plan 30899 v Perrine [2002] NSWCA 324 Peter v Wade [2017] ACTSC 122 Phillis & anor v Daly [1988] 15 NSWLR 65 at 74 Podrebersek v Australian Iron and Steel Pty Ltd (1985) 59 ALR 592 Powell v Streatham Manor Nursing Homes [1935] AC 243 Roads and Traffic Authority of NSW v Dederer [2007] HCA 42; 234 CLR 330 Ruiz v Canberra Rex Hotel Pty Ltd (1974) 5 ACTR 1 Stojan (No 9) Pty Ltd v Kenway [2009] NSWCA 364 Tame v State of New South Wales; Annetts v Australian Stations Pty Ltd [2002] HCA 35; 211 CLR 317 Warren v Coombes (1979) 142 CLR 531 Wilkinson v Law Courts Ltd [2001] NSWCA 196
Texts Cited:	Australian Building Codes Board, Building Code of Australia Section H: Special Using Buildings, H1: Theatres, Stages and Public Halls Standards Australia, AS 2293.1 – 2005: Emergency escape lighting and exit signs for buildings, Part 1: System design, installation and operation
Parties:	Limelight Cinemas Pty Ltd (Appellant) Angela Beatty (Respondent)
Representation:	Counsel L King SC with D Shillington (Appellant) S Littlemore QC with S Whybrow (Respondent)
Solicitors McCabes Lawyers (Appellant) Aulich Civil Law (Respondent)
File Number:	SCA 28 of 2017
Decision under Appeal:	Court: Magistrates Court of the Australian Capital Territory Before: Magistrate Boss Date of Decision: 10 April 2017 Case Title: Angela Beatty v Limelight Cinemas Pty Ltd Court File Number: CS 1215 of 2013

Introduction

This is…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2018] ACTSC 18
Decision Date: 14 February 2018

CaseChat Overview and Summary

The case of Limelight Cinemas Pty Ltd v Beatty involved the respondent, Beatty, who fell down a flight of stairs in a cinema operated by the appellant, Limelight Cinemas Pty Ltd, and subsequently brought an action against the appellant for damages for personal injury. The dispute was heard by the Court of Appeal of the Supreme Court of Queensland. The primary judge had found Limelight Cinemas Pty Ltd in breach of its duty of care and that such breach caused the respondent's injuries, and thus entered judgment against Limelight Cinemas Pty Ltd. The appellant appealed against the primary judge's findings.

The court was required to determine whether the primary judge erred in finding that Limelight Cinemas Pty Ltd breached its duty of care, and whether there was any error in finding that any such breach caused the respondent's injuries. The court found that the primary judge had erred in finding that there was a breach of duty of care by the appellant. The court found that the respondent's injuries were not caused by any breach of duty of care by the appellant.

The court held that the appellant was not liable to the respondent for any damages for personal injury. The court found that the evidence did not support the primary judge's finding that the appellant breached its duty of care, as the respondent did not provide evidence of the state of the stairs prior to the incident. Furthermore, the court found that the respondent's own actions contributed to the accident, and that the injuries were not solely caused by the appellant's alleged breach of duty. The appeal was thus upheld, and the orders of the Magistrates Court were set aside. Judgment was entered for the appellant, and the respondent was ordered to pay the appellant's costs. The respondent was also ordered to pay the appellant's costs of the appeal.

Orders

Orders of the court

1. The appeal is upheld.

2. The orders of the Magistrates Court made on 10 April and 4 May 2017 are set aside and in lieu thereof, the following orders are made:

(i) Judgment is entered for the defendant.

(ii) The plaintiff is to pay the defendant’s costs.

3. The respondent is to pay the appellant’s costs of the appeal.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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