Wynbergen v Hoyts Corporation Pty Ltd

Wynbergen v Hoyts Corporation Pty Ltd concerned an appeal to the High Court of Australia following a judgment of the Supreme Court of New South Wales. The appellant, Ms Wynbergen, had suffered injuries when she slipped on a wet patch of floor in a cinema foyer operated by the respondent, Hoyts Corporation Pty Ltd. Ms Wynbergen alleged that Hoyts had breached its duty of care to her as an invitee by failing to take reasonable steps to prevent the hazard from causing injury. Hoyts denied liability, arguing that it had taken reasonable precautions and that the accident was not foreseeable.

The High Court was required to determine whether Hoyts had breached its duty of care to Ms Wynbergen. Specifically, the court had to consider whether the presence of the wet patch constituted a foreseeable risk of injury and, if so, whether Hoyts had taken reasonable steps to mitigate that risk. This involved an assessment of the adequacy of Hoyts' cleaning and inspection procedures in the circumstances.

The High Court ultimately found that Hoyts had breached its duty of care. The court reasoned that the risk of a patron slipping on a wet floor in a cinema foyer was foreseeable, particularly given the nature of the premises and the potential for spills from drinks. The court concluded that Hoyts' cleaning and inspection procedures were not sufficiently rigorous to discharge its duty of care, as they did not adequately address the likelihood of such hazards arising and the need for prompt detection and rectification. The principles of negligence, including the foreseeability of harm and the standard of care expected of a occupier towards an invitee, were central to the court's determination.

The High Court allowed the appeal, setting aside the judgment of the Supreme Court and remitting the matter to the Supreme Court for determination of the quantum of damages.