A hurdle, or fence too high for this plaintiff

Richardson v Mt Druitt Workers Club [2011] NSWSC 31

A plaintiff sought damages for personal injury in negligence, and contract, as a result of falling while in the process of climbing over a gate, at night, and in the rain.

The NSW Supreme Court determined that the plaintiff's cause of action was doomed to fail and, accordingly, was struck out pursuant to Rule 14.28 of the Uniform Civil Procedure Rules 2005 on the basis that it disclosed no reasonable cause of action.

Circumstances

The plaintiff had regularly attended the premises of the defendant which were approximately 200m from his home, for social activities. The plaintiff on the night in question had upon leaving walked, approximately 150 metres, to a rear gate which he found to be locked.