Tisdell v Fearon

In *Tisdell v Fearon* [1992] NSWCA 253, the New South Wales Court of Appeal considered a dispute between the appellant, Tisdell, and the respondent, Fearon. The case concerned an appeal against a decision of the Supreme Court of New South Wales.

The primary legal issue before the Court of Appeal was whether the respondent had breached a duty of care owed to the appellant. This involved determining whether the respondent's actions, or omissions, had fallen below the standard of care expected of a reasonable person in the circumstances, and if so, whether such a breach had caused the appellant's loss.

The Court analysed the factual matrix to ascertain the nature of the relationship between the parties and the scope of any duty of care. It applied established principles of negligence, considering foreseeability of harm, the likelihood of harm occurring, the potential severity of the harm, and the cost or burden of taking precautions. The Court ultimately found that the respondent had not breached the duty of care owed to the appellant.

The appeal was dismissed.