Ryu v Karadjian

The appellant, an experienced tiler, suffered injuries when he fell through an aperture in a balcony floor at the respondent's property. The respondent, an owner-builder, was undertaking renovations at the time. The appellant had accompanied another tiler to the property to provide a quotation for tiling work. The balcony area to be tiled had a bare concrete surface with two open apertures, which were covered by gyprock held down by timber. There were no warning signs or other indications of the apertures. The appellant stepped on the gyprock covering one of the apertures and fell to the garage floor below.

The primary legal issue before the Court of Appeal was whether the respondent breached her duty of care to the appellant, an invitee on her property. Specifically, the court had to determine if the respondent failed to take reasonable steps to warn the appellant of the concealed danger presented by the gyprock covering the apertures.

By majority, the Court of Appeal found that the respondent had breached her duty of care. The court reasoned that the respondent, as the owner-builder undertaking renovations, was aware of the incomplete state of the property and the presence of the apertures. The covering of the apertures with gyprock, without any warning or other indication of the underlying hazard, created a trap for an unsuspecting visitor. The fact that the appellant was an experienced tiler did not negate the respondent's duty to warn of a concealed danger that was not apparent. The court applied the principles of occupiers' liability, holding that a reasonable occupier would have provided a warning of the substantial aperture concealed beneath the gyprock.

Consequently, the appeal was allowed, the verdict and judgment in favour of the respondent were set aside, and judgment was entered for the appellant in the sum of $163,696. The respondent was ordered to pay the appellant's costs of the trial and the appeal, with a certificate for the latter under the Suitor's Fund Act, 1951, if applicable.