Occupiers’ liability – a possible challenge to the law

In Turjman v Stonewall Hotel Pty Ltd (Stonewall) the appellants argued that a significant change should be made to the law of occupiers’ liability.

The appellants argued that, in certain circumstances, occupiers’ tortious duties to entrants should be conflated with the implied warranties that exist in the contract between an occupier and an entrant, arising where payment for entry to the premises has occurred.

The challenge was not successful as the appellants were ultimately denied an opportunity to pursue on appeal a matter not agitated at trial. Accordingly, the issue remains live.

In the event that the common law ultimately evolves in the way contended for by the appellants, occupiers (and those insuring such entities) may well face significantly increased exposure.

In this article we discuss the challenge and its possible implications.

Significant cases, legislation or articles referred to

Download PDF of Article