Owners of Strata Plan 63477 v Ross

The Owners of Strata Plan 63477 (appellant) appealed to the Court of Appeal of New South Wales against a judgment in favour of Mr Ross (respondent) in a negligence claim. Mr Ross had suffered injury after tripping on an isolated step at the entrance to a commercial building managed by the Owners Corporation. The primary issue was whether the Owners Corporation had breached its duty of care to Mr Ross, who was an invitee to the premises.

The court was required to determine whether the step constituted an obvious hazard or an everyday risk that did not necessitate a warning, and whether the Owners Corporation had taken reasonable care for the safety of persons entering the commercial premises. Central to the determination was whether the Owners Corporation's failure to alert pedestrians to the step, in the circumstances, amounted to a breach of its duty of care, and if so, whether that breach caused Mr Ross's injuries.

The Court of Appeal applied the principles established in *Wyong Shire Council v Shirt*, considering the likelihood of the event occurring, the potential seriousness of the harm, and the burden of taking alleviating action. The court found that the step was an obvious hazard, and that the risk of injury from such a step was an everyday risk that did not require specific warning. Furthermore, the court considered that any alleged glare or distraction was not a significant factor in the causation of the fall.

Consequently, the appeal was allowed, the cross-appeal was dismissed, and the verdict and judgment in favour of Mr Ross were set aside. In their place, a verdict was entered for the defendant, the Owners of Strata Plan 63477. Mr Ross was ordered to pay the appellant's costs of the trial and the appeal, with a provision for a certificate under the *Suitors' Fund Act 1951* if otherwise entitled.