Recent Cases

Blue OP Partner Pty Ltd v De Roma [2023] NSWCA 161 (12 July 2023) (Meagher, Mitchelmore and Kirk JJA)


Catchwords:


TORTS – negligence – occupiers’ liability – where pedestrian injured following trip on uneven surface of footpath created by up to 1cm height differential between utility pit lid and surrounding metal frame – whether risk of tripping on uneven surface an “obvious risk” – characterisation of “risk of harm” – obvious risk engaging s 5H(1) of Civil Liability Act 2002 (NSW)