Recent Cases

Karaoglu v Fitness First Australia Pty Ltd [2023] NSWCA 229 (03 October 2023) (Mitchelmore and Stern JJA, Simpson AJA)


Catchwords:


NEGLIGENCE – breach of duty of care – lawful occupant of gym – foot plate of leg press collided with head of user – duty to warn – whether failure to decide material issue – where primary judge made findings relevant to duty to warn – no evidentiary basis that warning would have prevented accident from occurring

APPEALS – from findings of fact – inferences from primary facts – where primary judge not satisfied leg press fitted with spring – where evidence of spring related to a different machine – no proper evidentiary basis for finding leg press fitted with spring

APPEALS – from findings of fact – inferences from primary facts – negligence – damages – where primary judge not satisfied conversion disorder caused by accident – whether primary judge erred – evidence did not support a finding that conversion disorder caused by accident