Woods v Multi-sport Holdings Pty Ltd

HIGH COURT OF AUSTRALIAGLEESON CJ,McHUGH, KIRBY, HAYNE AND CALLINAN JJMICHAEL BRETT WOODS  APPELLANTANDMULTI-SPORT HOLDINGS PTY LTD   RESPONDENTWoods v Multi-Sport Holdings Pty Ltd [2002] HCA 97 March 2002P93/2000ORDERAppeal dismissed with costs.On appeal from the Supreme Court of Western AustraliaRepresentation:B S Spinks for the appellant (instructed by Marks & Sands)R J L McCormack for the respondent (instructed by Srdarov Richards Burton)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSWoods v Multi-Sport Holdings Pty LtdNegligence – Occupier's liability – Duty of care  – Eye injury suffered by player of indoor cricket – Failure to provide protective helmet – Failure to warn of specific risk of eye injury – Whether conduct of occupier reasonable in the circumstances – Relevance of industry practice and rules of game – Relevance of obviousness of risk – Voluntary assumption of risk – Causation of damage. GLEESON CJ.   The appellant suffered serious injury to an eye while playing indoor cricket.  The game was being played at a facility, owned and operated, as a business, by the respondent.  The respondent organised the game in which the appellant was playing, and provided the equipment used by the players.  The equipment included bats, balls, thin hand gloves, and groin protectors, but not helmets or pads.  The appellant sued for damages in the District Court of Western Australia.  Although various causes of action were pleaded, the claim was ultimately treated as founded in negligence.  The trial judge, French DCJ accepted...