› Whether failure to warn of need to engage locking mechanism
› Whether warning would have prevented accident
› Civil Liability Act 2002 (NSW), s 5H
Appeal
› From findings of fact
› Inferences from primary facts
› Whether primary judge erred in failing to draw inference that leg press was fitted with spring
› Whether evidentiary basis existed for finding
› Supreme Court Act 1970 (NSW), s 101(1)(a)
Appeal
› From findings of fact
› Inferences from primary facts
› Damages
› Conversion disorder
› Whether primary judge erred in finding conversion disorder not caused by accident
› Whether contemporaneous complaints provided material corroboration
Quick Take
A duty to warn will not be established in personal injury claims involving gym equipment where the plaintiff was already aware of the relevant risk and would not have acted differently if warned.