Stewart v Ackland

Stewart (appellants) appealed to the Court of Appeal of New South Wales against the decision of the trial judge who found them liable for injuries sustained by Ackland (respondent) while using a jumping pillow. The respondent suffered a serious spinal injury when he fell backwards during a backwards aerial somersault. The appellants argued that the trial judge erred in their findings on liability.

The central legal issues before the Court of Appeal were whether the appellants had breached their duty of care to the respondent, and whether the respondent's injury constituted the materialisation of an "obvious risk" of a "dangerous recreational activity" within the meaning of section 5L of the *Civil Liability Act 2002* (NSW). The court also considered whether any breach of duty by the appellants had caused the respondent's loss.

The Court of Appeal dismissed the appeal, upholding the trial judge's findings. The court reasoned that the appellants had failed to take reasonable precautions to prevent foreseeable harm, particularly in relation to the supervision and instruction provided to users of the jumping pillow. The court found that the risk of injury from performing a backwards aerial somersault was not an "obvious risk" in the context of the activity as conducted, and that the appellants' failure to adequately warn or supervise contributed to the respondent's injury. The court also found that the appellants' breach of duty caused the respondent's loss. The appeal was dismissed, and the appellants were ordered to pay the respondent's costs.