Skoric v Meriton Apartments Pty Ltd

The appellant, a worker, sued the respondents, occupiers of a building site, for injuries sustained while walking down a stairwell carrying a heavy trolley. The primary judge found no fault with the stairs themselves. While the pleadings faintly suggested negligence in the respondents' failure to provide lift services and coordinate material movements, this allegation was briefly addressed and dismissed by the primary judge.

The appeal court was required to determine whether the primary judge erred in finding no liability on the part of the respondents. Specifically, the court considered whether the respondents were negligent in their capacity as occupiers, particularly in relation to the safety of the stairwell and the alleged lack of lift services or adequate coordination of material movements.

The court upheld the primary judge's decision, finding no error in the assessment of the stairwell's safety. Furthermore, even if the allegations concerning lift services and coordination had been more fully considered, the court found insufficient material presented by the appellant to demonstrate the respondents' liability. The legal principles applied centred on the duty of care owed by occupiers to persons on their premises, and the burden of proof resting on the claimant to establish a breach of that duty.

The appeal was dismissed, and the appellant was ordered to pay the respondents' costs.