Perisher Blue Pty Ltd v Vidakovic

Perisher Blue Pty Ltd appealed to the Court of Appeal of New South Wales against a judgment entered in favour of the respondent, Vidakovic, in a negligence claim. The respondent sustained injuries while riding on a T-bar ski lift operated by the appellant when the rope connecting the T-bar to a spring-box snapped. The core of the dispute concerned whether the appellant had been negligent in its operation of the ski resort, specifically in relation to the adequacy of its system for inspecting the ski lift rope for frays.

The Court of Appeal was required to determine whether the trial judge had erred in finding the appellant negligent. This involved examining whether the appellant had breached its duty of care to the respondent. Crucially, the court also considered whether the trial judge had made errors in fact-finding and failed to provide adequate reasons for those findings, particularly concerning the existence and effectiveness of an inspection system for the rope.

The Court of Appeal found that the trial judge had failed to make findings on crucial primary facts necessary to establish negligence, and that there were errors in the fact-finding process. The judges highlighted the inadequacy of the reasons provided by the trial judge, which made it difficult to understand the basis of the decision. Consequently, the Court of Appeal upheld the appeal, set aside the judgment and verdict of the trial judge, and ordered that the matter be remitted to the District Court for a retrial. The respondent was ordered to pay the appellant's costs of the appeal, with a certificate under the Suitor's Fund Act 1951 (NSW) to be provided if the respondent otherwise qualified.