Shorten v Grafton District Golf Club Ltd

The appellant, Mr. Shorten, brought proceedings against the respondent, Grafton District Golf Club Ltd, alleging negligence. Mr. Shorten suffered injuries when he was attacked by kangaroos while playing golf on the respondent's course. The dispute concerned whether the golf club owed a duty of care to its patrons to warn them of the potential danger posed by kangaroos on the course, and if so, whether it breached that duty. The matter proceeded to the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the respondent, as the occupier of the golf course, had breached its duty of care to the appellant by failing to warn him of the risk of kangaroo attacks. This involved determining the scope of the duty of care owed by a golf club to its members and visitors in relation to the presence of native wildlife on its premises, and whether the respondent's omission to warn constituted a failure to take reasonable steps to prevent foreseeable harm.

The Court of Appeal found that the respondent owed a duty of care to its patrons to take reasonable steps to prevent foreseeable harm. It held that the presence of kangaroos on the golf course, and the potential for them to attack, was a foreseeable risk. The Court reasoned that the respondent, by failing to warn players of this risk, had breached its duty of care. The Court allowed the appeal, setting aside the District Court's judgment and entering judgment for the appellant. Damages were to be assessed, and the respondent was ordered to pay the costs of the District Court proceedings and the costs of the appeal.