Schuller v S J Webb Nominees Pty Ltd

The appellant, Ms. Schuller, appealed to the Full Court of the Supreme Court of South Australia against a decision of a District Court judge who had dismissed her claim for damages for personal injuries sustained at the Port Broughton Sunnyside Hotel Motel, operated by the respondent, S J Webb Nominees Pty Ltd. Ms. Schuller alleged negligence on the part of the hotel, arguing that it owed her a duty of care which it breached, leading to her fall and subsequent injuries. The appeal concerned both the finding of liability and the quantum of damages.

The central legal issues before the Full Court were whether the respondent breached its duty of care to the appellant, and if so, whether the appellant's injuries were caused by that breach. The court also considered the appellant's level of intoxication and her conduct within the hotel, including whether the doctrine of *volenti non fit injuria* applied, and the assessment of damages should the appeal on liability have succeeded.

The Full Court, in dismissing the appeal, upheld the trial judge's findings of fact. The trial judge had expressed significant reservations about the appellant's credibility, preferring the evidence of other witnesses and medical records where discrepancies arose. The judge found that the appellant, who was on OxyContin for back pain, became more intoxicated than her consumption of three schooners would suggest, potentially due to others buying her drinks or the interaction of her medication with alcohol. Despite being warned twice by the bar manager, Mr. Simpson, about getting on chairs to dance, and being given a final warning, the appellant again climbed onto a chair in the saloon bar later that evening. Although service of alcohol had been ceased, and she was told she was being ejected from the hotel by another barman, Mr. Sheldon, she continued to dance and subsequently fell, sustaining injuries. The court concluded that the respondent had taken reasonable steps to manage the appellant's behaviour and intoxication, including ceasing alcohol service and attempting to remove her from the premises, and therefore had not breached its duty of care.

The appeal was dismissed.