Robinson v Baptist Churches

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CITATION: ROBINSON v BAPTIST CHURCHES [1999] NSWCA 226
FILE NUMBER(S): CA 40281/98
HEARING DATE(S): 10 March 1999
JUDGMENT DATE:
19 August 1999

PARTIES :
Irene Robinson v Baptist Churches of New South Wales Property Trust
JUDGMENT OF: Meagher JA at 1; Handley JA at 2; Sheppard AJA at 24
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S) : DC 187/97
LOWER COURT JUDICIAL OFFICER: Blanch CJ
COUNSEL: R R Bartlett SC (Appellant)
D F Rofe QC/B Hull (Respondent)
SOLICITORS: Stanger & Clarke (Appellant)
Malcolm Johns & Co (Respondent)
CATCHWORDS: NEGLIGENCE - personal injury - elderly woman falling in church hall - peas spilled on floor - whether inference available as to cause of spillage - whether system for cleaning up ought to have been in place
ACTS CITED: The Baptist Churches of NSW Property Trust Act 1984
CASES CITED:
 Brady v Girvan Bros Pty Ltd (1986) 7 NSWLR 241
Hampton Court Ltd v Crooks (1957) 97 CLR 367
Nicol v Allyacht Spas Pty Ltd (1987) 163 CLR 611
DECISION: Appeal allowed with costs. Orders made.
THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF APPEAL
CA 40281/98
DC 187/97
MEAGHER JA
HANDLEY JA
SHEPPARD AJA

19 August 1999

IRENE ROBINSON v BAPTIST CHURCHES OF NEW SOUTH WALES PROPERTY TRUST

      NEGLIGENCE - personal injury - elderly woman falling in church hall - peas spilled on floor - whether inference available as to cause of spillage - whether system for cleaning up ought to have been in place
      The appellant had sued the respondents as the owners of a church hall. She had slipped on some peas spilled on the floor. The trial Judge was unable to draw an inference as to the cause of the spillage and rejected an allegation that the respondents were negligent in failing to have a system in place for cleaning up food spillages.
      HELD : Allowing the appeal: (1) The facts enabled an inference to be drawn as to the cause of the spillage. On the balance of probabilities the peas were spilt as a result of the negligence of the helpers who were agents of the organisers of the lunch. (2) The respondent was not negligent in failing to establish a system for cleaning up food spillages.
      ORDERS
      (1) Appeal allowed with costs, other than the costs of including in the appeal book material relevant only to the issue of damages;
      (2) Judgment of the District Court set aside;
      (3) In lieu thereof order that there be judgment for the plaintiff for damages to be assessed and an order that the defendant pay the costs of the first trial;
      (4) Remit the proceedings to the District Court for a new trial limited to damages, the costs of the new trial to abide the order of the Judge presiding at that trial;
      (5) The respondent to have a certificate under the Suitors Fund Act if qualified.
THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF APPEAL
CA 40281/98
DC 187/97
MEAGHER JA
HANDLEY JA
SHEPPARD…
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Details
Case
[1999] NSWCA 226
Decision Date

CaseChat Overview and Summary

The appellant, Mrs Robinson, sued the respondent, Baptist Churches, for damages for personal injuries sustained when she slipped and fell on peas on the floor of a church hall. The primary judge found in favour of the respondent, and the appellant appealed to the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the primary judge had erred in finding that the appellant had failed to establish negligence on the part of the respondent. Specifically, the court considered whether an inference could be drawn as to the cause of the spillage of the peas and whether the respondent ought to have had a system in place for cleaning up such spillages.

The Court of Appeal found that the primary judge had erred in his approach to inferring negligence. Their Honours held that the circumstances surrounding the spillage, including the fact that the hall was used for a function involving food, permitted an inference that the peas had been spilled by a patron or staff member. Furthermore, the court determined that the respondent had a duty of care to take reasonable steps to prevent foreseeable harm to invitees, such as the appellant. In the absence of evidence explaining the presence of the peas or demonstrating that reasonable steps had been taken to ensure the floor was safe, the court concluded that the respondent had breached its duty of care.

The appeal was allowed, and the Court of Appeal made orders accordingly, including orders for costs.

Orders

Orders of the court

Appeal allowed with costs. Orders made.

Background

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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