Panther v Pischedda

In *Panther v Pischedda*, the New South Wales Court of Appeal considered a claim brought by the respondent against the appellant, who was the occupier of rented premises. The respondent had slipped on a driveway providing access to these premises, sustaining an injury. The dispute concerned whether the appellant was negligent in their capacity as occupier.

The Court was required to determine whether the risk of injury from the driveway was not insignificant, as contemplated by section 5B of the *Civil Liability Act 2002* (NSW). This involved assessing whether the risk was reasonably foreseeable and, if so, whether a reasonable person in the appellant's position would have taken precautions, such as installing handrails or providing an alternative means of access, to mitigate that risk.

The Court of Appeal upheld the primary judge's decision, finding that the risk of slipping on the driveway was not insignificant and that the appellant had failed to take reasonable steps to prevent the injury. The judges applied the principles of occupier's liability under the *Civil Liability Act*, focusing on the foreseeability of the risk and the reasonableness of the preventative measures that could have been taken.

The appeal was dismissed, and the appellant was ordered to pay the costs of the appeal.