Pareezer v Coca-Cola Amatil

The case of Pareezer v Coca-Cola Amatil involved the plaintiff, Pareezer, suing Coca-Cola Amatil, the occupier of premises, for injuries sustained due to the criminal actions of third parties. The plaintiff alleged that Coca-Cola Amatil had a duty of care to prevent the assault by third parties, which occurred on their property. The Federal Circuit Court was tasked with determining whether Coca-Cola Amatil owed a duty of care to the plaintiff to prevent the injuries that resulted from the criminal acts of third parties. This was a novel question of law in Australia, raising issues concerning the extent of the duty of care owed by an occupier to prevent harm caused by third-party criminality on their land.

The court considered whether special circumstances existed that would impose a duty of care on Coca-Cola Amatil to prevent the assault. The central legal issue was whether the occupier's duty of care extended to preventing injuries caused by third-party criminal activity. The court examined the principles of negligence and the foreseeability of harm, along with the established common law on the duty of care in relation to criminal acts by third parties. The court also assessed whether the plaintiff's proposed amendments to the Statement of Claim could adequately frame the duty of care issue and if the Cross-Claim should be struck out as unnecessary.

The court concluded that Coca-Cola Amatil did not owe a duty of care to the plaintiff to prevent the injuries caused by third-party criminal acts. The court found that special circumstances were not present to impose such a duty, as the risk of harm from criminal behaviour was not sufficiently foreseeable. Consequently, the court allowed the plaintiff's application to amend the Statement of Claim to clarify the duty of care issue, but struck out the Cross-Claim as it was redundant in light of the court's determination. The decision underscored the limited circumstances under which an occupier's duty of care extends to preventing harm from third-party criminal acts.