Legal Research
Cases
Teen Ranch Pty Ltd v Brown

Teen Ranch Pty Ltd v Brown

Case [1994] NSWCA 307 20 June 1994

Vicarious Liability

Negligence & Tort

No judgment structure available for this case.

Type to search within this case.

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation: TEEN RANCH PTY LTD v BROWN [1994] NSWCA 307
Decision date: 20 June 1994

See Attachment (PDF)

Details

AGLC: Teen Ranch Pty Ltd v Brown [1994] NSWCA 307
Case: [1994] NSWCA 307
Decision Date: 20 June 1994

CaseChat Overview and Summary

In *Teen Ranch Pty Ltd v Brown*, the New South Wales Court of Appeal considered an appeal from a decision of the Supreme Court of New South Wales concerning the liability of Teen Ranch Pty Ltd for injuries sustained by Mr. Brown. Mr. Brown had been a guest at Teen Ranch, a Christian holiday camp, and suffered injuries while participating in a supervised activity. The central dispute revolved around whether Teen Ranch had breached its duty of care to Mr. Brown.

The Court of Appeal was required to determine whether the trial judge had erred in finding that Teen Ranch had been negligent. Specifically, the court had to assess whether the risks associated with the activity were foreseeable and whether Teen Ranch had taken reasonable precautions to mitigate those risks. The legal issues included the standard of care owed by an occupier to a lawful visitor, the assessment of foreseeability of harm, and the adequacy of the safety measures implemented by Teen Ranch.

The Court of Appeal upheld the trial judge's finding of negligence. It reasoned that the risk of injury during the activity was foreseeable, and that Teen Ranch had failed to implement adequate safety measures to prevent such an occurrence. The court applied the principles of negligence, emphasizing that an occupier must take reasonable steps to protect visitors from foreseeable risks. The court found that the measures taken by Teen Ranch were insufficient to discharge its duty of care. The appeal was dismissed.

Orders

Orders of the court

Full text does not contain this section.

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.

Actions

Citations

Teen Ranch Pty Ltd v Brown [1994] NSWCA 307

Most Recent Citation

State Securities Pty Ltd and Karas v Dromi (No 2) [2011] VCC 506

Cases Citing This Decision

39

Bonnel & Jephson (No 5) [2025] FedCFamC1F 288
Citation 1 (Para 3)

…this, there is a presumption that the parties do not intend to create legal relationships or binding obligations. The presumption is explained in in Teen Ranch Pty Ltd v Brown (1995) 87 IR 308 at 310 and Darmanin v Cowan [2010] NSWSC 1118 at [206] – [208] and adopted by this court in Pearce & Pearce (No 3) [2022] FedCFamC1F 418 at…
Mereniuk v Wilks [2024] NSWDC 376
Citation 2 (Para 4)

…necessary intention, although the presumption was rebuttable ( Ashton v Pratt (No 2) [2012] NSWSC 3 at [29] – [36] per Brereton J, referring to Teen Ranch Pty Ltd v Brown (1995) 87 IR 308 at 310 and Balfour v Balfour [1919] 2 KB 571).…
Acma v Sesame Gourmet Pty Ltd [2024] NSWPIC 308
Citation 3 (Para 5)

…for free for the benefit of her business. At no point in the near future was there ever an intention to be paid for the work she was doing. [31] Teen Ranch Pty Ltd v Brown (1995) 11 NSWCCR 197.…
Stuart v G Maroun and J Maroun and Workers Compensation Nominal Insurer [2024] NSWPICPD 30
Citation 4 (Para 1)

…atements and actions happened. It is not a search for the uncommunicated subjective motives or intentions of the parties.”[116] [115] Teen Ranch Pty Ltd v Brown (1995) 11 NSWCCR 197 ( Teen Ranch ), 201B. [116] [2002] HCA 8; 209 CLR 95 ( Ermogenous ), [25]. See also Cudgegong Soaring Pty Ltd v Harris (1996) 13 NSWCCR 92 (per Sheller…
Mavireddy v Hempel (Wattyl) Australia Pty Ltd [2023] NSWPIC 404
Citation 5 (Para 1)

…t was not paid for her attendance and the circumstances are largely on par with the arrangement found by the Court of Appeal in Teen Ranch Pty Ltd v Brown (1995) 11 NSWCCR 197 in which no contract of service was found between the parties. (e) It was submitted that the principles of contract law also form the base line for any emplo…
Pearce & Pearce (No 3) [2022] FedCFamC1F 418
Citation 6 (Para 39)

…ties, they did not intend to create legal relations, has been applied beyond the family context to other social and domestic arrangements. 208.In Teen Ranch Pty Ltd v Brown (1995) 87 IR 308, Handley, JA (p 310) indicated that family, social, and domestic arrangements do not normally give rise to binding contracts because the partie…
Marley & Ormonde [2021] FamCA 105
Citation 7 (Para 10)

…er said: Family, social, and domestic arrangements do not normally give rise to binding contracts, because the parties lack the necessary intention [ Teen Ranch Pty Ltd v Brown (1995) 87 IR 308, 310 (Handley JA, referring to Balfour v Balfour [1919] 2 KB 571)].…
ROY & YALDEN [2020] FamCA 1026
Citation 8 (Para 10)

…er said: Family, social, and domestic arrangements do not normally give rise to binding contracts, because the parties lack the necessary intention [ Teen Ranch Pty Ltd v Brown (1995) 87 IR 308, 310 (Handley JA, referring to Balfour v Balfour [1919] 2 KB 571)]. (Emphasis added)…
Jovelands Pty Ltd v Doyle [2020] QMC 12
Citation 9 (Para 3)

…In Teen Ranch Pty Ltd v Brown (1995) 87 IR 308, Handley, JA at 310 indicated that family, social, and domestic arrangements do not normally give rise to binding contracts because the parties lack the necessary intention, referring to Balfour v Balfour [1919] 2 KB 571.…
Bambury and Bambury and Anor [2020] FCCA 1982
Citation 10 (Para 4)

…ial, and domestic arrangements do not normally give rise to binding contracts, because the parties lack the necessary intention [ Teen Ranch Pty Ltd v Brown (1995) 87 IR 308, 310 (Handley JA, referring to Balfour v Balfour [1919] 2 KB 571)].…
Death v Workers Compensation (Dust Diseases) Authority (No 1) [2020] NSWDC 103
Citation 11 (Para 41)

…The first decision to which I have been referred was Teen Ranch Pty Ltd v Brown (1995) 11 NSWCCR 197; a decision of the Court of Appeal in which Handley JA, Mahoney JA and Powell J, concurring, set aside an award made by O'Toole CCJ, on the basis that there was no binding relationship between the plaintiff who was a "volunteer" at…
Nadilo v Souris [2019] NSWSC 108
Citation 12

…5]]. Family, social, and domestic arrangements do not normally give rise to binding contracts, because the parties lack the necessary intention [ Teen Ranch Pty Ltd v Brown (1995) 87 IR 308, 310 (Handley JA, referring to Balfour v Balfour [1919] 2 KB 571)]. In Balfour , a husband’s promise to pay his wife an allowance of 30 per mon…
Prajapati v Narshima Tradings Pty Ltd T/A ZIGGY'S CAFE [2016] FCCA 2798
Citation 13 (Para 19)

…Before the Court, the applicant acknowledged that an intention to create a legal relationship (of the type necessary here) is not to be assumed ( Teen Ranch Pty Ltd v Brown (1995) 87 IR 308 at 310 per Handley JA, Balfour v Balfour [1919] 2 KB 571, Williamson v Suncorp Metway Insurance Ltd [2008] QSC 244 at [38], Ashton v Pratt (No.…
Secretary, Department of Family and Community Services v Bee [2014] NSWWCCPD 66
Citation 14 (Para 9)

…). No other conclusion is open. It was “not in any sense the consideration for a bargain” (per Handley JA (Mahony and Powell JJA agreeing) in Teen Ranch Pty Ltd v Brown (1995) 11 NSWCCR 197 at 202B) under which Ms Bee agreed to provide her services as a foster carer.…
Andonovski v Park-Tec Engineering Pty Ltd; Andonovski v East Realisations Pty Limited Formerly t/as Westbus Pty Ltd (No 3) [2013] NSWSC 1959
Citation 15 (Para 1)

…I am conscious that in Pitcher v Langford (1991) 23 NSWLR 142 and Teen Ranch Pty Ltd v Brown (1995) 11 NSWCCR 197, Handley JA expressed the view that what an employee says about his or her employment status and the identity of his or her employer might be entitled to considerable weight. Those observations of his Honour, as I under…
Simon and Simon and Ors [2013] FCCA 432
Citation 16 (Para 3)

…ationship. Family, social, and domestic arrangements do not normally give rise to binding contracts because the parties lack the necessary intention: Teen Ranch Pty Limited v Brown (1995) 87 IR 308 at 310. However, the fundamental question, whatever the circumstances of the parties, is always whether in the situation in which they were…
Sturt v the Right Reverend Dr Brian Farran, Bishop of Newcastle [2012] NSWSC 400
Citation 17

…[77] In Teen Ranch Pty Ltd v Brown (1995) 87 IR 308, Handley, JA said (p 310):…
Sekuloska v Sekuloski [2012] NSWWCCPD 10
Citation 18 (Para 2)

…o create legal relations and a mutuality or contractual consensus, which must be determined objectively ( Lindebottom v Goodwin (2000) 21 NSWCCR 297; Teen Ranch Pty Ltd v Brown (1995) 11 NSWCCR 197 ( Teen Ranch )).…
Ashton v Pratt (No 2) [2012] NSWSC 3
Citation 19 (Para 1)

…Family, social, and domestic arrangements do not normally give rise to binding contracts, because the parties lack the necessary intention [ Teen Ranch Pty Ltd v Brown (1995) 87 IR 308, 310 (Handley JA, referring to Balfour v Balfour [1919] 2 KB 571)]. In Balfour , a husband's promise to pay his wife an allowance of 30 per month un…
Zheng v Xie [2011] NSWWCCPD 58
Citation 20 (Para 1)

…ement was entirely voluntary and lacking any “clear positive indication” of an intention to create a legal relationship of employment ( Teen Ranch Pty Ltd v Brown (1995) 11 NSWCCR 197 at 202B) and Mr Zheng is being penalised for his willingness to act as a Good Samaritan; (d) there is a total absence of material necessary to establ…
Toufic Laba Sarkis v Mahmoud Moussa [2011] NSWSC 1172
Citation 21 (Para 1)

…1 QB 259 ; Buckpitt v Oates [1968] 1 All ER 1145 ; Jones v Padavatton [1968] EWCA Civ 4 ; [1969] 2 All ER 616 ; Tadrous v Tadrous [2010] NSW SC 1388; Teen Ranch Pty Ltd v Brown (1995) 87 IR 308. Those cases where friends or relatives have entered into an arrangement which has been held to comprehend an intention to enter legal rela…
Al Othmani v Massoud [2010] NSWWCCPD 129
Citation 22 (Para 1)

…The work was not voluntary in the sense outlined in Teen Ranch Pty Ltd v Brown (1995) 11 NSWCCR 197.…
McGrath v Troy [2010] NSWSC 1470
Citation 23

…1969 (NSW) Births, Deaths and Marriages Registration Act 1995 (NSW) CATEGORY: Principal judgment CASES CITED: Teen Ranch Pty Limited v Brown (1995) 87 IR 308 Darmanin v Cowan [2010] NSWSC 1118 In re Rownson; Field v White (1885) 29 Ch D 358 Re Owens; Jones v Owens (1882) 47 LT 61 Ludwig v Public Trustee [2006] NSWSC 890; (2006) 68 NSWL…
Darmanin v Cowan [2010] NSWSC 1118
Citation 24

…14 BPR 26,923 Talevski and Anor v Talevski and Anor [2007] NSWSC 945 Tanner v Tanner [1975] 1 WLR 1346 Taylor v Streicher [2007] NSWSC 1006 Teen Ranch Pty Ltd v Brown (1995) 87 IR 308 Thomas v Hollier (1984) 53 ALR 39 Todd v Nicol [1957] SASR 72 Tory v Tory [2007] NSWSC 1078 Unsted v Unsted (1947) 47 SR (NSW) 495; (1947) 64 WN 183…
Ivsic v The Croatian Club Limited [2010] NSWWCCPD 105
Citation 25 (Para 1)

…sic must establish that the arrangements between him and the club are such as to evidence an intention by the parties to enter into legal relations ( Teen Ranch Pty Ltd v Brown (1995) 11 NSWCCR 197 at 201).…
Abraham Seda Ghati v Sayan [2010] NSWWCCPD 74
Citation 26 (Para 2)

…he Arbitrator concerning the issue of ‘worker’ and in written submissions has reiterated his reliance upon the decision of the Court of Appeal in Teen Ranch Pty Ltd v Brown (1995) 11 NSWCCR 197 (‘ Teen Ranch’) and that of the High Court in Dietrich v Dare (1980) 30 ALR 407 (‘ Dietrich’). It is put by Mr Ghati that there is no evide…
Ngoc Hung Ta v B & E Poultry Pty Ltd [2009] NSWWCCPD 28
Citation 27 (Para 1)

…as a “host employer” in a two-week “work trial”. Such an arrangement does not normally give rise to a contract of employment (see Teen Ranch Pty Ltd v Brown (1995) 11 NSWCCR 197). On the evidence, I do not see how a contract of employment arises between Mr Ta and Abco and I doubt whether that company should even be a party to the p…
Williamson v. Suncorp Metway Insurance Ltd & Anor [2008] QSC 244
Citation 28 (Para 1)

…ngement involved in the undertaking of tasks in a work environment, it may suggest that there was not an intention to create legal relations. See Teen Ranch Pty Ltd v Brown (1995) 87 IR 308, 310 per Handley JA. In light of the evidence about the familial relationship between John and the plaintiff and the circumstances in which the…
Wilton v Coal & Allied Operations Pty Ltd [2007] FCA 725
Citation 29

…ary Limited (1986) 160 CLR 16 applied Swift Placements Pty Limited v WorkCover Authority of New South Wales (2000) 96 IR 69 cited Teen Ranch Pty Ltd v Brown (1995) 87 IR 308 referred to The Queen v Foster and Others; Ex parte Commonwealth Life (Amalgamated) Assurances Limited (1952) 85 CLR 138 referred to Viasystems (Tyneside) Ltd…
Riverwood Legion & Community Club Ltd v Morse [2007] NSWWCCPD 88
Citation 30

…sion that there was no contract of any type between Ms Morse and the Club; i)the Arbitrator referred to the Court of Appeal decision in Teen Ranch Pty Limited v Brown (1995) 11 NSWCCR 197 (‘ Teen Ranch ’). The facts in the present case are similar as Ms Morse “volunteered” her services as a director by standing for election and was obv…
Dickinson v The Tropical Fruits Incorporated [2006] NSWWCCPD 331
Citation 31 (Para 2)

…In Teen Ranch Pty Ltd v Brown (1995) 11 NSWCCR 197 (‘ Teen Ranch ’) the applicant was injured whilst working as a volunteer with a non-profit Christian organisation which conducted camps for teenagers. He received accommodation, meals and use of the camp facilities but no wages, altruism being the substantial motive for his work. H…
Redeemer Baptist School Ltd v Glossop [2006] NSWSC 1201
Citation 32

…69) 121 CLR 353 Ready Mixed Concrete (South East) Limited v Minister of Pensions and National Insurance [1968] 2 QB 497 Teen Ranch Pty Ltd v Brown (1995) 87 IR 308 Vigolo v Bostin (2005) 221 CLR 191 PARTIES: 20074/05 Redeemer Baptist School - plaintiff Graeme Francis Glossop – first defendant Graham Merrick – second defendant Shirl…
Pieter Hoekstra v Residual Assco Industries Pty Ltd & 2 Ors [2004] NSWSC 564
Citation 33

…Ltd (1995) 36 NSWLR 49 Rasic v Cruz [2000] NSWCA 66 Romeo v Conservation Commission (NT) (1998) 192 CLR 431 Scott v Davis [2000] HCA 52, 175 ALR 217 Teen Ranch Pty Ltd v Brown (1995) 11 NSWCCR 197 TNT Australia Pty Limited v Christie & ors [2003] NSWCA 47 Van Der Sluice v Display Craft Pty Ltd [2002] NSWCA 204 Visscher v BHP Petro…
Kacar & Corluka [2022] FedCFamC1F 523
Citation 34 (Para 19)

…c arrangements do not normally give rise to binding contracts, because the parties lack the necessary intention [ Teen Ranch Pty Ltd v Brown (1995) 87 IR 308, 310 (Handley JA, referring to Balfour v Balfour [1919] 2 KB 571)]. (Emphasis added)…
Paul Mifsud v Fire and Rescue NSW Band Incorporated [2024] FWC 853
Citation 35

…[11] Teen Ranch Pty Ltd v Brown (1995) 87 IR 308, 310.…
Adam Barbour v Memtaz Derbas T/A Derbas Lawyers [2021] FWC 1718
Citation 36

…54 Teen Ranch Pty Ltd v Brown (1995) 87 IR 308.…
Jussy v Mailton Holdings Pty Ltd (Ruling) [2012] VCC 1477
Citation 37

…d by the defendant at relevant time LEGISLATION CITED – Accident Compensation Act 1985 CASES CITED – Dietrich v Dare (1980) 30 ALR 407; Teen Ranch Pty Ltd v Brown (1995) 11 NSWCCR 197; Cameron v Hogan (1934) 51 CLR 358; Cudgegong Soaring Pty Ltd v Harris (1996) 13 NSWCCR 92; Ormwave Pty Limited & Anor v Smith [2007] NSWCA 210; Vroo…
Paterson v Seamore Pty Ltd [2011] VCC 1217
Citation 38

…arrangements (for example, Coward v Motor Insurer’s Bureau [1963] 1 QB 259; Buckpitt v Oates [1968] 1 All ER 1145; Parker v Clarke (at 292)). In Teen Ranch Pty Ltd v Brown (1995) 87 IR 308, Handley, JA (p 310) indicated that family, social, and domestic arrangements do not normally give rise to binding contracts because the partie…
State Securities Pty Ltd and Karas v Dromi (No 2) [2011] VCC 506
Citation 39

…angements (for example, Coward v Motor Insurer’s Bureau [1963] 1 QB 259; Buckpitt v Oates [1968] 1 All ER 1145; Parker v Clarke (at 292)). In Teen Ranch Pty Ltd v Brown (1995) 87 IR 308, Handley, JA (p 310) indicated that family, social, and domestic arrangements do not normally give rise to binding contracts because the parties la…

Cases Cited

0

Statutory Material Cited

0

AI Chat coming soon