Case Summary – Black Head Bowling Club Ltd v Harrower [2023] NSWCA 267

In a recent decision by the New South Wales Court of Appeal, in a 2 to 1 majority, a stonemason was found equally liable with Blackhead Bowling Club (the Club) for the death of a 3 year old girl caused when a memorial headstone fell on her. The matter involved a claim for damages for nervous shock brought by seven family members of the girl following her death while playing near an ANZAC memorial headstone within the grounds of the Club.

Background

On 26 November 2016, the deceased was playing near the headstone that weighed 400 kg, when it fell on her because it had dislodged from its base. At the time a boy aged 10 years was riding the headstone like a horse. The headstone was erected in 1997. There was no dispute that the headstone was insecurely fixed to the base and poorly constructed by qualified stonemason, John Edstein (Edstein).