Northern Sandblasting Pty Ltd v Harris

HIGH COURT OF AUSTRALIA

BRENNAN CJ, DAWSON, TOOHEY, GAUDRON, McHUGH, GUMMOW AND KIRBY JJ

NORTHERN SANDBLASTING PTY LTD v. NICOLE ANNE HARRIS (an infant by her next friend PAMELA HARRIS); B 14/96
Negligence

(1997) 188 CLR 313

14 August 1997
Negligence

Negligence—Duty of care—Personal injury—Leased premises—Electrical faults—Injury to child of tenants—Duty of landlord in respect of occupied premises—Proximity—Assumption of responsibility—Control and vulnerability—Whether under non-delegable duty to ensure premises safe. Negligence—Duty of care—Personal injury—Leased premises—Electrical faults—Injury to child of tenants—Duty of landlord in respect of premises prior to occupation—Analogy with duty of occupier to invitee—Whether under duty to ensure premises as safe for habitation as reasonable care and skill can make them—Whether under duty in respect of defects which pose special dangers and which are discoverable on inspection only by persons exercising special care and expertise. Landlord and tenant—Statutory obligations imposed on landlord—Obligation to provide and maintain premises in a condition reasonably fit for human habitation pursuant to s 106 of the Property Law Act 1974 (Q)—Obligation to provide and maintain premises in good tenantable repair and in a condition fit for human habitation pursuant to s 7 of the Residential Tenancies Act 1975 (Q)—Construction and interaction of obligations imposed by statute—Whether obligations imposed as contractual obligations between landlord and tenant—Ability of third party to sue for damages for breach of obligations—Availability of relief pursuant to s 55 of the Property Law Act 1974 (Q). Property Law Act 1974 (Q), ss 55, 105, 106. Residential Tenancies Act 1975 (Q), s 7.

Orders

ORDER

Appeal dismissed with costs.

Decision

BRENNAN CJ

On 4 June 1987, Mrs Harris asked her 9-year old daughter, Nicole Anne Harris (the respondent), to turn off an outside water tap that was supplying a garden sprinkler. Nicole, who was in bare feet standing on wet grass, was electrocuted when she went to do so. She suffered severe brain damage which leaves her in a vegetative state. By her next friend she brought action in the Supreme Court of Queensland against Mr Briggs, an electrician who had repaired a stove in the house, The North Queensland Electricity Board ("the Board"), Northern Sandblasting Pty Ltd ("the landlord") which is the owner of the premises, and her parents, Mr and Mrs Harris, who were the tenants of the premises. The claim against Mr and Mrs Harris was abandoned. Wisely so, as Derrington J observed. At trial, his Honour found Mr Briggs to be guilty of negligence and he gave judgment against him, assessing Nicole's damages at the sum of $1,204,429.82. His Honour acquitted the Board and the landlord of negligence. On appeal to the Court of Appeal against his Honour's judgment dismissing Nicole's claim against the landlord, a majority of the Court (Fitzgerald P and McPherson JA, Pincus JA dissenting) allowed the appeal. Judgment was entered for the plaintiff against the landlord for damages in the amount assessed by Derrington J. The landlord appeals by special leave against the judgment of the Court of Appeal.

The facts

The landlord bought the…