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Hillcoat v Keymon Pty Ltd & Anor
[2002] QCA 527 (02/2422) Brisb McMurdo P Mackenzie J Holmes J 6/12/2002
Catchwords
TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE – DUTY OF CARE – SPECIAL RELATIONSHIPS AND DUTIES - where appellant injured when an elevator in which he was travelling collapsed – where elevator in hotel undergoing renovations – where elevator found to be unsafe for the carriage of people – where premises owned by the first respondent but leased – where renovations conducted by the lessee - whether first respondent owed a non-delegable duty of care to ensure the lessee’s renovation work was carried out competently – whether the appellant was in a position of vulnerability in his relationship with the first respondent