Morgan v Sherton Pty Limited

(1999) 46 NSWLR 141; [1999] NSWCA 60

NSW Court of Appeal

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Interrogate

Catchwords

1. Torts
2. › Negligence
3. › Occupier's liability
4. › Scope of duty of care
5. › Whether duty extends to protect entrants from risks arising from their own deliberate foolhardy or reckless behaviour
6. › Whether risk of injury foreseeable where entrant ran and jumped over garden bed in poor light rather than using designated walkway
1. Torts
2. › Negligence
3. › Breach of duty
4. › Foreseeability
5. › Whether risk far-fetched or fanciful
6. › Distinction between foreseeable risks from entrant's carelessness and risks from entrant's deliberate reckless conduct
7. › Wyong Shire Council v Shirt [1980] HCA 12

Quick Take

An occupier's duty of care extends to entrants who may fail to exercise reasonable care for their own safety, but does not extend to protecting entrants from risks arising from their own deliberate foolhardy or reckless behaviour. Even where such reckless behaviour is foreseeable in the sense of not being far-fetched or fanciful, the scope of the occupier's duty does not require guarding against the resulting risks.