Jones v Darkan Hotel

[2014] WASCA 133

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Tort Law
2. › Negligence
3. › Occupier's liability
4. › Hotel patron injured in fall
5. › Whether patron tripped by another patron
6. › Whether hotel owed duty to prevent conduct of known prankster
7. › Whether trial judge erred in finding appellant failed to prove tripping
1. Appeal
2. › Appeal from findings of fact
3. › Appellate review of factual findings
4. › Whether trial judge erred in declining to draw inference
5. › Whether alternative finding was the only finding reasonably open
6. › Onus on appellant to demonstrate error

Quick Take

An appellate court will not disturb a trial judge's refusal to draw an inference of causation where the inference sought is not the only reasonable inference open on the facts as found. Where a plaintiff's and corroborating witness's evidence are both rejected, the remaining circumstantial facts must compel the inference sought — otherwise the finding amounts to speculation rather than inference.