Full Court Minute Books

Case C12/2015

Stewart & Ors v. Ackland

Case No.


Case Information

Lower Court Judgment

12/02/2015 Supreme Court of the Australian Capital Territory (Court of Appeal) (Penfold J, Walmsley J, Robinson J)

[2015] ACTCA 1


Torts – Negligence – Personal injury – Civil Liability Act 2002 (NSW) (“Act”) ss 5L and 5F - Where respondent was injured while attempting to perform a backward somersault on a jumping pillow at an amusement park operated by appellant – Where there was no signs prohibiting backward somersaults or other inverted manoeuvres – Whether s 5L of the Act requires that the extent of the harm suffered by the plaintiff to be objectively obvious to a reasonable person in the position of the plaintiff – Whether and to what extent the principle of personal autonomy applies so as to limit the scope of an occupier’s duty of care in respect of recreation activities.

Short Particulars


11/09/2015 Hearing (SLA, Sydney)

25/09/2015 Notice of appeal

16/10/2015 Written submissions (Appellants)

16/10/2015 Chronology (Appellants)

05/11/2015 Written submissions (Respondent)

05/11/2015 Summons seeking to file Notice of Contention out of time (Respondent)

20/11/2015 Reply

02/12/2015 Consent

03/12/2015 Hearing (Full Court, Canberra)