Venues NSW v Kane

The New South Wales Court of Appeal considered an appeal by Venues NSW against a District Court judgment that found it liable for negligence. The plaintiff, Ms Kane, had slipped and fallen while descending a stepped aisle at an outdoor stadium operated by Venues NSW. The central dispute concerned whether Venues NSW, as an occupier, had breached its duty of care to Ms Kane by failing to install a handrail on the stepped aisle.

The Court of Appeal was required to determine whether the risk of harm to patrons using the stepped aisle was reasonably foreseeable and, if so, whether a reasonable occupier would have taken the precaution of installing a handrail. The Court also had to consider the significance of the obviousness of the risk and the fact that the stadium had been certified as compliant with the Building Code of Australia.

In its reasoning, the Court of Appeal highlighted that the absence of any evidence of prior incidents of patrons slipping on the stepped aisle was a significant factor. It was noted that the stadium's compliance with the Building Code of Australia, which did not mandate handrails in such circumstances, further supported the view that the occupier had acted reasonably. The Court concluded that the risk of harm was not such that a reasonable occupier would have been required to install a handrail, particularly given the inherent nature of stepped aisles and the lack of evidence suggesting a heightened risk.

Consequently, the Court of Appeal allowed the appeal, setting aside the District Court's judgment and ordering that judgment be entered for Venues NSW. Ms Kane was ordered to pay Venues NSW's costs in both the Court of Appeal and the District Court.