Propix Pty Ltd t-as Jamberoo Recreational Park v Gharibian

Propix Pty Ltd, trading as Jamberoo Recreational Park, was the defendant in proceedings brought by the plaintiff, Mr. Gharibian. The dispute concerned allegations of negligence arising from an incident at Jamberoo Recreational Park where Mr. Gharibian sustained injuries. The case was heard in the High Court of Australia.

The central legal issue before the High Court was whether the Court of Appeal had erred in finding that Jamberoo Recreational Park owed a duty of care to Mr. Gharibian in relation to the specific risk of injury that materialised. This involved considering the scope of the duty of care owed by an occupier of land to a lawful entrant, particularly in circumstances where the entrant is engaging in an activity that inherently carries risks.

The High Court determined that the Court of Appeal had erred in its assessment. Their Honours found that the duty of care owed by Jamberoo did not extend to protecting Mr. Gharibian from the specific risk of injury that occurred, which was a consequence of his own voluntary participation in an inherently risky activity. The Court applied principles relating to the scope of an occupier's duty of care, emphasizing that such a duty does not extend to protecting individuals from risks that are obvious and inherent in activities they voluntarily undertake, especially when those risks are not created or exacerbated by the occupier's negligence. The appeal was allowed.