Stevenson v Regents Park Sporting and Community Club Ltd

In the matter of Stevenson v Regents Park Sporting and Community Club Ltd, the plaintiff, Mr Stevenson, sought to recover damages for personal injury sustained during a game of lawn bowls at the defendant club. The dispute was heard by the Supreme Court of New South Wales. Mr Stevenson argued that the club was negligent in maintaining the lawn bowls area, which led to his injury. The club, on the other hand, contended that it had taken all reasonable steps to ensure the safety of its patrons and that Mr Stevenson's injury was due to his own negligence.

The primary legal issue before the court was whether the club breached its duty of care owed to Mr Stevenson. Additionally, the court had to determine the appropriate apportionment of liability between the parties. The court also had to consider the principles surrounding costs, specifically under the Calderbank offer, which required a determination of whether the plaintiff's offer of settlement was reasonable and whether it influenced the defendant's conduct in the litigation process.

The court found that the club did indeed breach its duty of care by failing to properly maintain the lawn bowls area, leading to Mr Stevenson's injury. However, it also found that Mr Stevenson contributed to his own injury by not exercising reasonable care while playing. The court apportioned liability at 75% to the club and 25% to Mr Stevenson. Regarding costs, the court considered the Calderbank offer and concluded that the offer was not unreasonable and that it influenced the defendant's conduct. Consequently, the court ordered the plaintiff to pay the defendant's costs up to the date of the Calderbank offer, with the defendant bearing its own costs thereafter.