Muller v Lalic

The appellant, Muller, appealed to the New South Wales Court of Appeal against a decision of Patten DCJ in favour of the respondent, Nikola Lalic. The dispute concerned an action for negligence arising from the discharge of a loaded rifle.

The primary legal issues before the Court of Appeal were whether the storage of a loaded rifle constituted a breach of a duty of care, and whether the subsequent discharge of the rifle by the respondent's son amounted to a novus actus interveniens that broke the chain of causation. The court also considered the application of section 12 of the *Firearms Act 1989* (NSW).

The Court of Appeal found that the storage of a loaded rifle in the circumstances was inherently dangerous and constituted a breach of the duty of care owed by the respondent. The court determined that the actions of the respondent's son in discharging the rifle were not a novus actus interveniens, as they were a foreseeable consequence of the respondent's negligent storage of the firearm. The court allowed the appeal, setting aside the verdict in favour of the respondent and entering a verdict and judgment in favour of the appellant. The orders regarding costs were also substituted.