Wilkinson v Law Courts Ltd

Case [2001] NSWCA 196


CITATION: Wilkinson v Law Courts Limited [2001] NSWCA 196
FILE NUMBER(S): CA 40366/00
HEARING DATE(S): 25 June 2001
JUDGMENT DATE:
25 June 2001

PARTIES :


Michael Wilkinson (Appellant)
Law Courts Limited (Respondent)
JUDGMENT OF: Meagher JA at 1, 37; Heydon JA at 2; Rolfe AJA at 38
LOWER COURT JURISDICTION : District Court
LOWER COURT
FILE NUMBER(S) :
DC 3820/98
LOWER COURT
JUDICIAL OFFICER :
Hogan ADCJ
COUNSEL: C P Locke (Appellant)
J E Maconachie QC/S M Kettle (Respondent)
SOLICITORS: Velleley & Associates (Appellant)
I V Knight (Respondent)
CATCHWORDS: Torts - Negligence - Liability - Whether breach of duty of care - Whether occupier of public building breached duty of care to person who fell down external steps - Whether dimension of steps relevant - Where no hand-rails, edge-delineation strips, nor warning signs present - ND
CASES CITED:
Jones v Bartlett (2000) 75 ALJR 1; 176 ALR 137
Phillis v Daly (1988) 15 NSWLR 65
Stannus v Graham (1994) Aust Torts Reports 81-293
Taber v NSW Land and Housing Corporation [2001] NSWCA 182
DECISION: Appeal dismissed; appellant to pay the respondent's costs of the appeal.


THE SUPREME COURT

OF NEW SOUTH WALES

COURT OF APPEAL



          MEAGHER JA
          HEYDON JA
          ROLFE AJA

          25 June 2001

          Michael WILKINSON v LAW COURTS LIMITED

Torts - Negligence - Liability - Whether breach of duty of care - Whether occupier of public building breached duty of care to person who fell down external steps - Whether dimension of steps relevant - Where no hand-rails, edge-delineation strips, nor warning signs present

On 30 May 1995 the appellant (plaintiff at first instance) fell down the steps outside the Law Courts building at Sydney. The appellant suffered a broken ankle. At the time of the accident, the appellant was thirty-four years of age and was an able-bodied person with full sight. At that time there was no hand-rail, edge-delineation strips nor warning signs present on or near the steps. The appellant sued the occupiers of the building (the defendant at first instance and the respondent on appeal) for damages, but was unsuccessful at trial.

Held by Heydon JA (Meagher JA and Rolfe AJA concurring), dismissing the appeal:

1. Departure from Australian Standard AS 1657, which did not apply to the Law Courts building, was irrelevant to the question of liability.

There was no error in the trial Judge’s conclusions about the lack of

      negligence resulting from varying rise heights of the steps; nor did the trial Judge err by failing to mention or consider variation in the rise heights.


3.

The trial judge did not err in concentrating on the appellant’s fitness and athleticism. Any danger the steps might have posed to less able persons is irrelevant to whether there was a breach of a duty of care owed to the appellant.

The failure to install a hand-rail, edge-delineation strips and a warning


sign at or near the place of the accident was not a breach of duty.


      a. An occupier of premises is “only required to…

Continue reading Wilkinson v Law Courts Ltd

Sign in free to access the full text

Details
AGLC
Wilkinson v Law Courts Ltd [2001] NSWCA 196
Case
[2001] NSWCA 196
Decision Date

CaseChat Overview and Summary

The appellant, Wilkinson, brought proceedings against the respondent, Law Courts Ltd, alleging negligence. The dispute concerned injuries sustained by the appellant when she fell down external steps leading to the respondent's building. The matter was heard in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the respondent, as the occupier of the public building, had breached its duty of care to the appellant. This involved considering whether the dimensions of the steps, the absence of hand-rails, edge-delineation strips, and warning signs constituted a breach of that duty.

The Court of Appeal found that the respondent had not breached its duty of care. The judges reasoned that the steps, while lacking certain safety features, were not inherently dangerous. The dimensions of the steps were found to be standard, and the absence of hand-rails, edge-delineation, and warning signs did not, in the circumstances, render the steps unsafe. The court applied principles of negligence, focusing on the standard of care expected of an occupier towards lawful visitors, and concluded that the respondent had met that standard.

The appeal was dismissed, and the appellant was ordered to pay the respondent's costs of the appeal.

Orders

Orders of the court

Appeal dismissed; appellant to pay the respondent's costs of the appeal.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.