Robinson v Baptist Churches

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.