Trustees of the Roman Catholic Church for the Diocese of Canberra & Goulburn (As St Anthony's Primary School) v Hadba

The Trustees of the Roman Catholic Church for the Diocese of Canberra & Goulburn, acting as St Anthony's Primary School, were the appellants in this matter before the High Court of Australia. They appealed a decision of the Supreme Court of New South Wales, which had found them liable for damages suffered by the respondent, Mr Hadba, who sustained injuries when he fell from a height of approximately 2.5 metres while attending a school fete. Mr Hadba alleged negligence on the part of the Trustees in failing to ensure the safety of the premises and the activities conducted thereon.

The central legal issue before the High Court was whether the Trustees owed a duty of care to Mr Hadba, and if so, whether they had breached that duty. Specifically, the court had to consider the scope of the duty of care owed by a landowner to a lawful visitor, particularly in the context of a public event held on school grounds, and whether the circumstances of Mr Hadba's fall constituted a breach of that duty. The court also considered the application of the principles of foreseeability and the reasonableness of the precautions taken by the Trustees.

The High Court ultimately found that the Trustees did owe a duty of care to Mr Hadba. However, the court held that the Trustees had not breached this duty. The reasoning focused on the fact that the area from which Mr Hadba fell was not inherently dangerous, and there was no evidence to suggest that the Trustees ought to have foreseen the specific risk that led to his injury. The court applied the established principles of negligence, emphasizing that a duty of care does not extend to guarding against every conceivable risk, but rather against foreseeable risks that a reasonable person would take steps to avoid. The court concluded that the Trustees had taken reasonable steps to ensure the safety of the fete attendees, and the accident was not a result of any breach of their duty of care.