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Below is a snapshot of some of the more prominent public liability cases from the first half of 2022.

Abuse law victim awarded $1.3 million in compensatory and aggravated damages (NSW). A man who was sexually abused on several occasions in 1986 and 1987 by his employer when he was 14 years old and working casually at a movie cinema, was awarded both compensatory and aggravated damages. The court found that the sexual abuse was causative of the plaintiff’s psychiatric diagnosis: Lewis v Doyle (2022) Aust Torts Reports ¶82-758; [2022] NSWSC 92, 18 February 2022.

Victim of historic child sexual abuse awarded $1.9 million in damages against Archbishop Comensoli (Vic). A victim of historic child sexual abuse perpetrated against him when he was 11-years-of age by a parish priest in the Archdiocese of Melbourne, was successful is his claim of negligence against the current Archbishop of Melbourne, Archbishop Peter Comensoli, who was named as a proper defendant under the Legal Identity of Defendants (Organisational Child Abuse) Act 2018 (Vic). Damages were awarded in the total sum of $ $1,908,647: O’Connor v Comensoli (2022) Aust Torts Reports ¶82-810; [2022] VSC 313, 9 June 2022.

Cruising the high seas of strict liability; cruise operator successfully appeals finding of false imprisonment. A passenger on a Royal Caribbean cruise ship and who was forcibly detained by the captain following an allegation of sexual assault, and successfully sued the cruise line for the strict liability tort of false imprisonment, had his damages award of more than $100,000 overturned on appeal: Royal Caribbean Cruises Ltd v Rawlings (2022) Aust Torts Reports ¶82-755; [2022] NSWCA 4, 4 February 2022.

Man told to jump from moving car successfully proves intention to inflict harm (NSW). A man who suffered serious injuries after he was told to jump from a moving car during a dispute about drugs and after he punched the driver, and was unsuccessful at first instance in proving an intentional tort, was successful of appeal. The court found that the statutory defences under ss 53 and 54 of the Civil Liability Act 2002 (NSW) did not apply, nor did contributory negligence: Irlam v Byrnes (2022) Aust Torts Reports ¶82-813; [2022] NSWCA 81, 3 June 2022.

Full Court overturns novel duty of care owed to protect children from climate change and associated injury (Fed). On appeal from the Minister for the Environment Sussan Ley, the Full Court overturned an earlier finding in representative proceedings commenced in the Federal Court by a group of 8 Australian children (the Children) in which a novel duty of care was found to exist: Minister for the Environment v Sharma (2022) Aust Torts Reports ¶82-771; [2022] FCAFC 35, 15 March 2022.

Volunteer injured by barbeque fat fire has award (and reduction for contributory negligence) preserved on appeal (TAS). A volunteer at a “barefoot bowlers” evening, who was cooking sausages and was injured when a mug of fat from the barbeque caught fire and severely burnt him, and was awarded more than $1 million in damages after successfully suing the club in negligence, had his damages award preserved on appeal: Port Sorell Bowls Club Inc v Dann (2022) Aust Torts Reports ¶82-756; [2022] TASFC 2, 2 February 2022.

Market gardener liable in negligence for collision with entrant (NSW). A woman who, whilst wandering through a produce market suffered a fractured hip after she collided with a market gardener who was carrying a box of produce, successfully sued the man in negligence: Newport v Li & Anor (2022) Aust Torts Reports ¶82-772; [2022] NSWDC 8, 11 February 2022.

Coles not liable in negligence for slip and fall at supermarket (ACT). A woman who was injured when she slipped on a grape on the floor while shopping at Coles, was unsuccessful in her claim of negligence against the supermarket owner and operator. Whilst the court found that the plaintiff did slip on a grape on the floor, it found that the plaintiff failed to prove breach of duty, that there were available precautions which a reasonable person in the position of Coles would have taken to avoid the risk of harm: Buljat v Coles Supermarkets Australia Pty Ltd (2022) Aust Torts Reports ¶82-770; [2022] ACTSC 47, 18 March 2022.

Occupier and principal contractor had safe system in place (WA). A bricklayer, who was injured and incapacitated when a purlin went through his left bicep at the Perth Stadium building site, was unsuccessful in his damages claim against the occupier and principal contractor: Sanders v Multiplex Engineering & Infrastructure Pty Ltd (2022) Aust Torts Reports ¶82-818; [2022] WADC 31, 7 April 2022.

Landlord escapes liability following ceiling collapse (WA). A tenant who was injured when the ceiling of the family room collapsed and a part of the collapsed ceiling struck him on the head and caused him to fall on the floor, and unsuccessfully sued the landlord in negligence, was unsuccessful on appeal. The court found no error in the primary judge’s finding that the ceiling collapse was caused by the ingress of water into the ceiling cavity after a storm and nothing was brought to the landlord’s attention during the course of the plaintiff’s tenancy that would have placed her under a duty to inspect the ceiling and further: Greenslade v Hiew (2022) Aust Torts Reports ¶82-790; [2022] WASCA 47, 4 May 2022.

Play centre liable for slip and fall down a set of stairs (NSW). A mother who was injured while attending a child’s birthday party at a play centre after she fell down the stairs, successfully sued the owners in negligence: Pietrobelli v Jewell Family Nominees Pty Ltd [2022] NSWSC 660, 24 May 2022.

Public authority immunity defence overturned on appeal (NSW). A man who was injured after he slipped on a ramp outside a shopping centre in Goulburn and was unsuccessful at first instance in his negligence claim against the Goulburn Mulwaree Council (the Council), was successful on appeal with the claim being remitted to the District Court for a new trial. Eddy v Goulburn Mulwaree Council (2022) Aust Torts Reports ¶82-804; [2022] NSWCA 87, 7 June 2022.

Parents found liable in negligence after party guest at son’s 21st set fire to another guest (QLD). Parents who hosted a 21st birthday party for their son at their rural property, were found liable in negligence after a guest at the party took a small jerry can with some left over fuel in it and used it to set fire to another guest who was asleep in a swag, having left the party a little earlier: Dearden v Ryan & Anor (2022) Aust Torts Reports ¶82-814; [2022] QSC 111, 2 June 2022.

University college loses appeal against finding of negligence following drunken “Pub Golf” and sexual assault of college resident (ACT). A university student (SMA) who resided on campus at John XXIII College at the Australian National University and was sexually assaulted by another College resident following a social event called Pub Golf, and successfully sued the College in negligence, had her liability finding upheld on appeal, however her damages award was varied: John XXIII College v SMA [2022] ACTCA 32, 29 June 2022.

Founding member and lead guitarist of INXS fails in negligence claim following boat accident (NSW). The lead guitarist of INXS, who was holidaying on a hired boat and suffered an injury to his left hand after it was jammed in the winch and chain mechanism while he was attempting to raise the anchor, was unsuccessful in his claim of negligence against the boat’s owners and operator: Farriss v Axford (No 3) [2022] NSWSC 20, 28 January 2022.

Motorcross rider unsuccessful in negligence claim against event organizer following collision at monster truck and FMX spectacular (Vic). A young man who was injured while performing freestyle motocross (“FMX”) at a monster truck and FMX “spectacular” event when he overshot the down ramp while completing an FMX jump and landed directly on the ground causing him to be thrown off his motorbike, was unsuccessful in his claim of negligence against the promoter and manager of the event (and monster truck driver on the night): Archer v Garcia (2022) Aust Torts Reports ¶82-759; [2022] VSC 57, 17 February 2022.

Campdraft participant awarded $6,750,000 in damages following High Court finding of negligence against event organiser (NSW). A 19-year-old woman who suffered a catastrophic spinal injury after falling from her horse while participating in a competitive campdraft activity and unsuccessfully sued the event organiser in negligence at first instance and on appeal, was ultimately successful in the High Court, with the court awarding damages in the agreed amount of $6,750,000: Tapp v Australian Bushmen’s Campdraft & Rodeo Association Ltd (2022) Aust Torts Reports ¶82-777; [2022] HCA 11, 6 April 2022.

Injured duathlon participant sued organiser in negligence (Qld). A woman who was injured while participating in a duathlon successfully sued the event organiser in negligence and was awarded $1,062,351 in damages with the court finding that the risk of harm was reasonably foreseeable and not insignificant: Sally James v USM Events Pty Ltd [2022] QSC 63, 14 June 2022.

School liable in negligence for piercing eye injury suffered by student albeit with 35% contributory negligence (WA). A 16-year-old boy who suffered a severe eye injury after a plastic computer stand was thrown at him by another student during class and the sharp point pierced his eye, successfully sued the school in negligence and was awarded more than $360,000 in damages: Sidhoum v Minister for Education (2022) Aust Torts Reports ¶82-791; [2022] WADC 35, 22 April 2022.

• See also the Medical negligence cases: half yearly wrap up and the Motor accident cases: half yearly wrap up.

• Check out the CCH Personal Injury — Comparative Verdicts Finder at ¶29-050 , an online tool that can be used to search and compare all personal injury judgments across Australia from 1999 to date.

• See the new Wolters Kluwer book “Commemorating 20 years of civil liability legislation in Australia – 100 cases that shaped the law” for an expertly curated list of the most prominent civil liability cases across Australia.

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