Stewart & Ors v. Ackland
Case No.
C12/2015
Case Information
Lower Court Judgment
12/02/2015 Supreme Court of the Australian Capital Territory (Court of Appeal) (Penfold J, Walmsley J, Robinson J)
Catchwords
Torts – Negligence – Personal injury – Civil Liability Act 2002 (NSW) (“Act”) ss 5L and 5F - Where respondent was injured while attempting to perform a backward somersault on a jumping pillow at an amusement park operated by appellant – Where there was no signs prohibiting backward somersaults or other inverted manoeuvres – Whether s 5L of the Act requires that the extent of the harm suffered by the plaintiff to be objectively obvious to a reasonable person in the position of the plaintiff – Whether and to what extent the principle of personal autonomy applies so as to limit the scope of an occupier’s duty of care in respect of recreation activities.
Documents
11/09/2015 Hearing (SLA, Sydney)
25/09/2015 Notice of appeal
16/10/2015 Written submissions (Appellants)
16/10/2015 Chronology (Appellants)
05/11/2015 Written submissions (Respondent)
05/11/2015 Summons seeking to file Notice of Contention out of time (Respondent)
20/11/2015 Reply
02/12/2015 Consent
03/12/2015 Hearing (Full Court, Canberra)