Shaw v Thomas

The appeal concerned the nature of the duty of care owed by occupiers to a ten-year-old boy who was sleeping over at their premises. The dispute arose after the boy sustained injuries while descending from the top bunk of a bed that lacked a guard-rail or ladder. The case was heard in the Court of Appeal of New South Wales, with Beazley, Tobias, and Macfarlan JJA presiding.

The central legal issues before the court were whether the risk of the boy injuring himself in the manner described was "not insignificant" within the meaning of the *Civil Liability Act 2002* (NSW), and whether reasonable persons in the position of the appellants would have installed a guard-rail or ladder on the bunk bed. The relevance of Australian Standards in assessing the reasonableness of the appellants' conduct was also a consideration.

The Court of Appeal found that the risk of injury was not "not insignificant" and that the appellants had not breached their duty of care. The court reasoned that the absence of a guard-rail or ladder on a standard bunk bed, particularly for a ten-year-old boy, did not constitute a failure to take reasonable precautions against a foreseeable risk of harm. The court allowed the appeal, setting aside the previous orders and directing that judgment be entered for the appellants. The appellants were generally ordered to pay the respondent's costs, with specific exceptions relating to amendments and restitution.