Randwick City Council v Lily Sara Wunderwald by her tutor Shannon Paul Wunderwald

2025/00482587

TORTS (negligence) – on 31 January 2020, the respondent, then 6 years old, was injured by a falling table in the café of a leisure centre operated by the appellant – the respondent commenced proceedings by her father as tutor claiming damages for the negligence of the appellant as occupier of the café – it was agreed that the respondent was climbing onto the table (a “tall round table” with a wider tabletop than base) when it toppled over, with the respondent sustaining a laceration to her forehead and anterior scalp – the appellant accepted that it was the occupier of the café and as such owed the respondent a duty of care, but disputed the respondent’s formulation of that duty – further, the appellant denied that it breached any of duty of care owed to the respondent – there was also a dispute as to quantum of damages – the primary judge held that the appellant owed a duty to take reasonable care for the safety of persons (such as the respondent) coming into the centre, or alternatively articulated, a duty to exercise reasonable care to prevent foreseeable and not insignificant risks of harm to persons (such as the respondent) coming onto the premises – the primary judge further held that the appellant breached its duty of care to the respondent and that the appellant’s breach was a necessary condition of the occurrence of the injury to the respondent – the primary judge awarded the respondent damages for non-economic loss, future out-of-pocket expenses, and future economic loss totalling $175,300 – whether the primary judge erred in finding that the appellant breached its duty of care and was negligent – whether the primary judge erred in awarding the respondent damages for future economic loss.

Wunderwald v Randwick City Council [2025] NSWDC 466