Bruce v Apex Software Pty Limited t/as Lark Ellen Aged Care

[2018] NSWCA 330

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Tort
2. › Negligence
3. › Breach of duty of care
4. › Occupier's liability
5. › Aged care facility
6. › Uneven surface in pedestrian area
7. › Whether height difference of 10-20mm between concrete and brick pavers constituted risk that was 'not insignificant'
8. › Whether reasonable person in occupier's position would have taken precautions
9. › Civil Liability Act 2002 (NSW), ss 5B, 5F
1. Tort
2. › Negligence
3. › Obvious risk
4. › Whether risk of tripping on visible height difference between different surface materials was obvious to reasonable person in plaintiff's position
5. › Civil Liability Act 2002 (NSW), s 5F

Quick Take

A 10-20mm height difference between visually distinct surface materials in an outdoor pedestrian area, with no history of falls or complaints over 15 years of daily use including by elderly and mobility-impaired persons, may be assessed as an 'insignificant' risk under s 5B(1)(b) of the Civil Liability Act 2002 (NSW).