Thelander v Sydney Ferries Corporation

Thelander sued Sydney Ferries Corporation over an incident where she tripped on an uncovered metal sill at a ferry wharf. The case was heard in the Supreme Court of New South Wales. Thelander argued that the Corporation was negligent for not painting the sill to indicate its height, which she claimed would have alerted her to the hazard. She also argued that the Corporation was negligent for not maintaining a safe environment. The Corporation countered that Thelander was partly at fault, arguing that she should have been more careful and aware of the potential hazard. The court had to decide whether the Corporation owed a duty of care to Thelander and if they breached that duty. Additionally, the court needed to determine if Thelander's own negligence contributed to the accident.

The Supreme Court held that the Corporation owed a duty of care to passengers to provide a safe environment. The court found that the Corporation was negligent for not painting the sill to indicate its height, which was a known hazard. The court also held that Thelander was partly at fault for not taking reasonable care for her own safety. However, the court found that the Corporation's negligence was the primary cause of the accident. The court awarded Thelander damages, but reduced the amount by 25% to account for her contributory negligence. The court's decision highlights the importance of taking reasonable care in public spaces and the need for businesses to provide safe environments for their customers.