Tourism Commission of New South Wales v Caldwell

The Tourism Commission of New South Wales (the Commission) appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales, which had found in favour of Mr. Caldwell. The dispute concerned the Commission's liability for injuries sustained by Mr. Caldwell when he fell from a cliff face at a tourist attraction managed by the Commission. Mr. Caldwell had been warned not to go beyond a certain point, but he did so and subsequently fell.

The Court of Appeal was required to determine whether the Commission had breached its duty of care to Mr. Caldwell, and if so, whether that breach caused his injuries. Specifically, the court considered whether the warnings provided by the Commission were adequate to discharge its duty of care, and whether Mr. Caldwell's own actions constituted a novus actus interveniens (a new intervening act) that broke the chain of causation between any breach by the Commission and his injuries.

The Court of Appeal held that the Commission had not breached its duty of care. It reasoned that the warnings given to visitors, including Mr. Caldwell, were clear and specific, adequately alerting them to the dangers of proceeding beyond the designated viewing area. The court found that Mr. Caldwell's decision to ignore these explicit warnings and venture into a clearly dangerous area was an independent and voluntary act that broke the chain of causation. Therefore, the Commission was not liable for the injuries Mr. Caldwell sustained as a result of his fall.