Neindorf v Junkovic

This matter concerned an appeal to the High Court of Australia by the appellant, Ms Neindorf, against a decision of the Full Court of the Supreme Court of South Australia. The dispute arose from injuries sustained by the respondent, Ms Junkovic, when she tripped and fell on an uneven driveway during a garage sale conducted by the appellant at her residence. The respondent claimed damages for negligence, alleging a breach of the appellant's duty of care as an occupier.

The High Court was required to determine whether the appellant owed a duty of care to the respondent, the scope of that duty, and whether the appellant had breached that duty. Specifically, the Court considered whether the risk posed by the uneven driveway was obvious and minor, and if so, whether this justified a conclusion that there was no breach of duty. The relevance of the economic relationship between the parties, the respondent's age, the appellant's knowledge of the danger, the absence of precautionary measures, and the respondent's own inattention were also matters for consideration.

The High Court, in allowing the appeal, set aside the orders of the Full Court and dismissed the respondent's appeal to that Court. The majority of the High Court found that the approach of the majority in the Full Court to the law of negligence was correct, and that the appeal should be dismissed. The Court expressed concern about an erosion of negligence liability and a substitution of indifference to those who are considered legal neighbours. The Court ultimately ordered that the appellant pay the respondent's costs in the High Court.