Sheehy v Hobbs

Case [2012] QSC 333

SUPREME COURT OF QUEENSLAND

CITATION:

Sheehy v Hobbs [2012] QSC 333

PARTIES:

CATRIONA McGUINESS SHEEHY

Plaintiff

v

ANDREW COLIN HOBBS  and JANINE MAREE HOBBS

Defendants

FILE NO/S:

S154/2010

DIVISION:

Trial Division

PROCEEDING:

Trial

ORIGINATING COURT:

Supreme Court Rockhampton

DELIVERED ON:

7 November 2012

DELIVERED AT:

Supreme Court Rockhampton

HEARING DATE:

9-11 October 2012

JUDGE:

McMeekin J

ORDER:

Judgment for the defendants with costs.

CATCHWORDS:

TORTS – NEGLIGENCE – ESSENTIALS OF ACTION

FOR NEGLIGENCE – DUTY OF CARE – where the plaintiff fell down a flight of stairs in the unit where she resided – where the plaintiff was rendered a partial paraplegic – where liability is to be determined separately – whether there was a duty imposed on the landlords to make alterations to the stairway – where what is reasonable to expect a landlord to do in issue – where contributory negligence in issue

Ahluwalia v Robinson [2003] NSWCA 175

Austin v Bonney [1999] 1 Qd R 114

Chicco v The Corporation of the City Of Woodville  [1990] Aust Torts Reports 66-813

Finn v Roman Catholic Trust Corporation for the Diocese of Townsville [1997] 1 Qd R 29

Grationv C Gillan Investments Pty Ltd [2005] 2 Qd R 267

Gray v Queensland Housing Commission [2004] QSC 276

Jones v Bartlett (2000) 205 CLR 166

Podrebersek v Australian Iron & Steel Pty Ltd (1985) 59 ALR 529

Ridis v Proprietors of Strata Plan 10308 (2005) 63 NSWLR 449

Sakoua v Williams (2005) 64 NSWLR 588

Wilkinson v Law Court Limited [2001] NSWCA 196

Wyong Shire Council v Shirt (1980) 146 CLR 40

Building Act 1975

Residential Tenancies Act 1994

Standard Building Law 1991

COUNSEL:

A Arnold for the plaintiff

A Collins for the defendants

SOLICITORS:

Rees R & Sydney Jones for the plaintiff

Carter Newell for the defendants

  1. McMeekin J: Shortly after midnight on 14 March 2007 the plaintiff, Ms Catriona Sheehy, fell down a flight of stairs in the unit where she then resided.  Tragically she was rendered a partial paraplegic as a result of injuries sustained in the fall.  She has brought proceedings claiming damages against the owners of the unit, Mr and Mrs Hobbs who were her then landlords, alleging a breach of the duties owed to her pursuant to the Residential Tenancies Act 1994 (Qld), under her tenancy agreement, and at common law.

The Issues

  1. The parties have agreed that the question of liability is to be determined separately from the assessment of damages.

  1. As will be seen the essential question to be resolved is whether there was imposed on the landlords a duty to make alterations to the stairway that would have reduced the risk of injury to the users of the stairs.  That in turn depends on what is reasonable to expect a landlord to do.

  1. There were few contested issues of fact. One related to the state of carpet on the stairs. Another concerned the making of complaints about the stairs. A third concerned the width of the goings on the stairs.…

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Sheehy v Hobbs [2012] QSC 333
Case
[2012] QSC 333
Decision Date

CaseChat Overview and Summary

The case of Sheehy v Hobbs involves a plaintiff, Ms Sheehy, who suffered an injury when she fell down a flight of stairs in the unit she resided in, resulting in partial paraplegia. The defendants, Hobbs, were the landlords of the property at the time of the incident. The primary issue before the court was whether the landlords had a duty of care to make alterations to the stairway that would have prevented the accident, and if so, what level of care could be reasonably expected of them. The court also needed to consider the extent of Ms Sheehy's contributory negligence, if any, in the circumstances leading to the accident.

The court examined the principles of negligence, focusing on whether there was a duty of care owed by the landlords to the plaintiff. It assessed whether the landlords should have taken reasonable steps to modify the stairway to prevent accidents. The court considered the foreseeability of the risk and the proximity between the parties, as well as the reasonableness of the landlords' actions in light of the risk. Furthermore, the court deliberated on Ms Sheehy's contributory negligence, evaluating whether she had contributed to the circumstances of her fall in any way.

In its judgment, the court found that while Ms Sheehy's fall and resulting injuries were indeed unfortunate, the landlords did not owe a duty of care to make alterations to the stairway. The court concluded that the landlords had acted reasonably in managing the property and that no modifications were necessary under the circumstances. The court also determined that Ms Sheehy's actions did not significantly contribute to the accident. As a result, the court dismissed the plaintiff's claim and ordered that the defendants were to receive judgment with costs.

The court's final orders were that judgment was to be entered in favour of the defendants, Hobbs, and that they were to receive costs associated with the proceedings.

Orders

Orders of the court

Judgment for the defendants with costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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