Recent Cases

Finniss v State of New South Wales [2023] NSWCA 292 (08 December 2023) (Payne and Stern JJA, Basten AJA)


Catchwords:


TORTS – negligence – occupier’s liability – school cleaner injured by striking head on a storeroom doorframe – storeroom contained cleaning products and other items – whether occupier was negligent – whether relocating entire contents of storeroom was a reasonable precaution – whether burden of taking precaution was overly onerous – where burden included burden of taking similar precautions – cleaner’s contributory negligence – where risk of harm was patently obvious to person in cleaner’s position – apportionment of liability between occupier and cleaner’s employer – assessment of damages for non-economic loss

COSTS – party/party costs – costs of appeal – where appellant succeeded on several grounds – where respondent wholly successful on notice of contention – where respondent did not lead primary judge into error