Drew v NSW

[2015] NSWCA 159

NSW Court of Appeal

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Interrogate

Catchwords

1. Negligence
2. › Occupier's liability
3. › Obvious hazard on premises
4. › Box on floor of school classroom
5. › Whether reasonable person in position of occupier would take precautions
6. › Whether occupier entitled to expect entrants to exercise reasonable care for own safety
7. › Civil Liability Act 2002 (NSW), ss 5B-5E
1. Negligence
2. › Employer's liability
3. › Safe place and system of work
4. › Whether employer knew or ought to have known of hazard
5. › Box placed in classroom without employer's knowledge
1. Practice and Procedure
2. › Procedural fairness at trial
3. › Whether plaintiff denied opportunity to give evidence
4. › Whether plaintiff bound by answers given in evidence in chief
1. Practice and Procedure
2. › Reasons
3. › Sufficiency of reasons
4. › Whether primary judge gave adequate reasons for findings on liability

Quick Take

An occupier is not in breach of duty for failing to remove or mark an obvious obstacle on premises where the entrant was aware of the obstacle and had successfully navigated around it multiple times. Taking no precautions whatsoever may be a reasonable response to a risk where it can reasonably be assumed that adults will take reasonable care for their own safety. An employer cannot be found to have breached its duty of care in respect of a hazard of which it neither knew nor ought to have known.