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ARTICLE · 14 SEPTEMBER 2009

Protecting Persons From The Criminal Conduct Of Third Parties

DLA Piper Australia
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In Modbury Triangle Shopping Centre Pty Ltd v Anzil [2000] HCA 61 the High Court held that while occupiers owe a duty of care to persons lawfully on its premises, that duty does not extend to taking reasonable care to protect persons from the criminal conduct of third parties.

AustraliaInsurance
Nikki Scoble
Nikki Scoble

In Modbury Triangle Shopping Centre Pty Ltd v Anzil [2000] HCA 61 the High Court held that while occupiers owe a duty of care to persons lawfully on its premises, that duty does not extend to taking reasonable care to protect persons from the criminal conduct of third parties. The High Court recognised there may be relationships where such a duty of care was owed. Victorian and New South Wales courts have recently looked at some of those relationships. It is clear from these decisions that there are exceptions to the Modbury principle which apply to occupiers and employers.

Key points:

  • Media reports suggest an increase in criminal and anti-social behaviour on licensed premises involving intoxicated patrons.

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