Ratewave Pty Ltd v BJ Illingby

Ratewave Pty Ltd appealed a decision of the primary judge who found it liable for injuries sustained by BJ Illingby. Illingby tripped and fell over the corner of a raised timber platform in the lobby area of Ratewave's hotel. The primary judge had determined that Illingby did not see the platform due to intense glare in the lobby.

The appeal raised several legal issues. The court was required to consider whether the primary judge erred in finding that Illingby was affected by glare. Further, it needed to determine whether, absent a finding of glare, Ratewave breached its duty as an occupier by failing to warn of the tripping risk. This involved assessing whether the risk was "obvious" such that no duty to warn arose under the *Civil Liability Act 2002* (NSW). Finally, the court had to consider whether Illingby was contributorily negligent and whether Ratewave's alleged failure to warn caused Illingby's injuries.

The appellate court upheld the primary judge's findings. It found no error in the conclusion that glare affected Illingby's perception of the platform. The court reasoned that the platform's corner presented a foreseeable risk of injury, and Ratewave had failed to take reasonable steps to mitigate this risk, such as by providing adequate lighting or warnings. The risk was not considered so obvious as to negate the duty to warn. The court also found that Illingby's contributory negligence was not established to a degree that would alter the outcome.

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