Tait v Town of Mosman Park - [2003] WADC 266

TAIT -v- TOWN OF MOSMAN PARK [2003] WADC 266

Last Update: 12/12/2003

TAIT -v- TOWN OF MOSMAN PARK [2003] WADC 266
Link to Appeal:	[2005] WASCA 124
Jurisdiction:	DISTRICT COURT OF WESTERN AUSTRALIA	Citation No:	[2003] WADC 266
Case No:	CIV:2540/2001	Heard:	9-11 SEPTEMBER 2003
Coram:	COMMISSIONER GREAVES	Delivered:	01/12/2003
Location:	PERTH	Supplementary Decision:
No of Pages:	29	Judgment Part:	1 of 1
Result:	Judgment for plaintiff
[Click here for Judgment in Adobe Acrobat Format ]

Parties:	DIANE TAIT TOWN OF MOSMAN PARK
Catchwords:	Negligence Occupier's liability Local authority in control of sports ground Plaintiff stepped in hole in sports ground during Tball Breach of duty established on evidence Damages Assessment Plaintiff outdoor instructor Ankle injury Loss of amenities $25,000 Total award $154,050
Legislation:	Nil
Case References:	Bartels v Bankstown City Council [1999] NSWCA 129 Brodie v Singleton Shire Council (2001) A Tort Rep 81-607 Crimmins v Stevedoring Industry Finance Committee (1999) 200 CLR 1 Nil

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

IN CIVIL

LOCATION : PERTH CITATION : TAIT -v- TOWN OF MOSMAN PARK [2003] WADC 266 CORAM : COMMISSIONER GREAVES HEARD : 9-11 SEPTEMBER 2003 DELIVERED : 1 DECEMBER 2003 FILE NO/S : CIV 2540 of 2001 BETWEEN : DIANE TAIT

Plaintiff

AND

TOWN OF MOSMAN PARK

Defendant

Catchwords:

Negligence - Occupier's liability - Local authority in control of sports ground - Plaintiff stepped in hole in sports ground during Tball - Breach of duty established on evidence - Damages - Assessment - Plaintiff outdoor instructor - Ankle injury - Loss of amenities $25,000 - Total award $154,050

Legislation:

Nil

Result:

Judgment for plaintiff

(Page 2)

Representation:

Counsel:

Plaintiff : Mr G Droppert

Defendant : Mr J Eller

Solicitors:

Plaintiff : Ilberys

Defendant : John Eller

Case(s) referred to in judgment(s):

Bartels v Bankstown City Council [1999] NSWCA 129
Brodie v Singleton Shire Council (2001) A Tort Rep 81-607
Crimmins v Stevedoring Industry Finance Committee (1999) 200 CLR 1

Case(s) also cited:

Nil

(Page 3)

1 COMMISSIONER GREAVES: On 11 October 2000, the plaintiff suffered injury to her right ankle at the Fred Mann Oval in Mosman Park. The defendant is a municipality constituted under the Local Government Act 1995. The defendant was the occupier of the oval and the oval constituted "premises" for the purposes of the Occupiers' Liability Act 1985, while the plaintiff was at all material times a person entering on those premises within the meaning of s 4(1) of that Act.

2 On 11 October 2000, the plaintiff was assistant to the coach of the Claremont Police and Citizens Youth Club T-ball team. By par 3(b) of the amended statement of claim, the plaintiff alleges that at approximately 4.45 pm whilst running from first base to second base on the Fred Mann Oval the plaintiff stepped in a hole, as a result of which she suffered injury to her right ankle. By par 3 of the amended defence, the defendant denies the allegation that the plaintiff stepped in a hole…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Tait v Town of Mosman Park

Details

AGLC: Tait v Town of Mosman Park [2003] WADC 266
Case: [2003] WADC 266
Decision Date: 1 DECEMBER 2003

CaseChat Overview and Summary

In the case of Tait v Town of Mosman Park, the plaintiff, an outdoor instructor, suffered an ankle injury when she stepped into a hole during a T*ball match on a sports ground controlled by the defendant, the Town of Mosman Park. The plaintiff sought damages for personal injury, loss of amenities, and medical expenses. The primary legal issues the court needed to determine were whether the defendant breached their duty of care to the plaintiff and, if so, the extent of the damages owed to the plaintiff. The court found that the defendant had failed to maintain the sports ground in a reasonably safe condition, leading to the plaintiff's injury. The evidence established that the defendant knew or ought to have known about the hole but did not take appropriate action to address the hazard. Consequently, the court held that the defendant was liable for negligence. In assessing damages, the court awarded the plaintiff $25,000 for loss of amenities and $129,050 for medical expenses, bringing the total award to $154,050. The court issued a judgment in favour of the plaintiff, ordering the defendant to pay the total amount of damages awarded.

Orders

Orders of the court

Judgment for plaintiff

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.