JFIT Holdings Pty Ltd t/as New Dimensions Health and Fitness v Powell [2021] NSWCA 137 (08 July 2021) (White JA at [1], Simpson AJA at [2], Harrison J at [55])


Catchwords:


NEGLIGENCE – duty of care – formulation of risk – whether formulation too narrow – formulation focussed purely and precisely on the circumstances in which injury suffered – more generalised formulation would not have affected outcome

NEGLIGENCE – breach – whether risk of harm “not insignificant” – common knowledge that lifting heavy weights from floor level can cause back injury – obvious that leaving weights littering floor of gymnasium would force others to put them away – whether reasonable person would have taken precaution of implementing system of inspecting weights area – constant supervision not required – no reason why staff could not be present during limited problematic period to enforce rules about putting weights away after use

NEGLIGENCE – causation – whether factual causation established – gymnasium member injured when lifting heavy weight from floor level – not within member’s exercise regime – member clearing floor to allow her to exercise – injury due to failure of gymnasium to enforce its own rules