Wolfenden v International Theme Park Pty Ltd

In *Wolfenden v International Theme Park Pty Ltd*, the plaintiff, a dancer, appealed to the Court of Appeal of New South Wales against a decision that dismissed her claim for damages for injuries sustained during a performance. The plaintiff alleged that her fall, which caused her injuries, was due to her foot coming into contact with a tape marking the boundary of the dance area.

The central legal issue before the Court of Appeal was whether the plaintiff had established, on the balance of probabilities, that her fall was caused by her foot being on the tape. There was no direct evidence that her foot had indeed been on the tape at the moment of the fall.

By majority, the Court of Appeal held that the evidence did not demonstrate that the fall from slipping on the tape was more probable than a fall occurring for other reasons. The court applied the principles of causation in negligence, requiring the plaintiff to prove that the defendant's breach of duty was a necessary condition for the occurrence of the injury. Without sufficient evidence to establish that the tape was the cause of the fall, the plaintiff failed to discharge this onus.

The appeal was accordingly dismissed with costs.