Bunnings Group Ltd v Giudice

[2018] NSWCA 144

NSW Court of Appeal

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Interrogate

Catchwords

1. Negligence
2. › Occupier's liability
3. › Customer trips and falls on premises
4. › Children's play area with raised shock-absorbent surface
5. › Whether risk of harm was 'not insignificant'
6. › Whether reasonable person would have taken precautions
7. › Civil Liability Act 2002 (NSW), ss 5B, 5C, 5D
1. Negligence
2. › Breach of duty
3. › Precautions against risk of harm
4. › Requirement to consider each precaution individually against statutory factors
5. › Burden of taking precautions
6. › Civil Liability Act 2002 (NSW), s 5B(1)(c), s 5B(2)
1. Negligence
2. › Causation
3. › Factual causation
4. › Failure to warn
5. › Whether plaintiff would have heeded warning
6. › Rejection of defendant's submission distinguished from positive finding of causation
7. › Civil Liability Act 2002 (NSW), ss 5D, 5E

Quick Take

Where multiple precautions are alleged as breaches of duty under s 5B of the Civil Liability Act 2002 (NSW), each precaution must be assessed individually against the s 5B(2) factors, particularly the burden of taking precautions, and a global assessment conflating distinct precautions is erroneous.