Wilson v Nilepac Pty Ltd

The appeal concerned a dispute between a client, Wilson, and a personal training studio, Nilepac Pty Ltd. The client alleged negligence on the part of the personal trainer employed by Nilepac, claiming that the trainer's actions in instructing specific exercises led to injury. The primary judge had found in favour of Nilepac, and Wilson appealed this decision to the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the primary judge erred in his assessment of the evidence regarding the trainer's duty of care and breach of that duty. Specifically, the court considered whether a reasonably competent professional fitness trainer would have engaged an inexperienced and unfit individual in the particular physical activities prescribed, and whether the expert medical reports tendered were admissible and correctly considered on the issues of liability and causation. The court also examined the application of section 5B of the *Civil Liability Act 2002* (NSW) concerning the standard of care and the social utility of gyms.

The Court of Appeal allowed the appeal, finding that the primary judge had erred in his findings. The court determined that the expert evidence regarding the reasonableness of the trainer's actions should not have been rejected. It held that the trainer's conduct fell below the standard of care expected of a reasonably competent professional fitness trainer, particularly in relation to an inexperienced and unfit client. The court concluded that the trainer's actions were causative of the client's injuries.

Consequently, the Court of Appeal set aside the original orders and entered a verdict and judgment for the appellant, Wilson. The proceedings were remitted to the primary judge for the assessment of damages, and Nilepac Pty Ltd was ordered to pay Wilson's costs of the proceedings to date and the costs of the appeal. The cross-appeal by Nilepac was dismissed.