Perisher Blue Pty Limited v Harris

In *Perisher Blue Pty Limited v Harris*, the New South Wales Court of Appeal considered an appeal and cross-appeal arising from a negligence claim brought by a school student against the operator of a ski resort following a skiing accident. The primary dispute concerned whether the ski resort operator had breached its duty of care to the student and, if so, whether that breach caused the student's injuries.

The Court was required to determine several key legal issues. These included whether the operator breached its duty of care to the student by failing to take reasonable precautions against the risk of injury, the characterisation of the risk involved in skiing, and whether the accident would have been avoided had the operator taken certain steps. Furthermore, the Court had to consider the application of sections 5D and 5E of the *Civil Liability Act 2002* (NSW) concerning factual causation and the scope of liability, as well as whether the findings of negligence were adequately supported by the evidence and inferences drawn. The assessment of damages for future economic loss, specifically the likelihood of more remunerative employment, and the reasonableness of the costs order made at first instance were also central to the appeal.

The Court of Appeal, comprising Beazley JA, Sackville AJA, and Young AJA, ultimately dismissed both the appeal and the cross-appeal. The reasoning involved a careful review of the evidence and the application of established principles of negligence law, including the assessment of the scope of the duty of care owed by a ski resort operator and the test for causation under the *Civil Liability Act 2002*. The Court found no error in the primary judge's findings regarding breach, causation, and damages, nor in the costs order.