CRITCHLEY V. CROSS [2000] NSWSC 6
Supreme Court of NSW – 8 February 2000
FACTS
Cross was the owner of land located besides the Shoalhaven River. There was a beach on Cross’ side of the river and the beach was owner used by people travelling by boat along the river. The beach became a grass slope which then became the base of a cliff. Cross had arranged for “no trespasser” signs to be placed near the beach but these signs often went missing. In 1987, Critchley and some friends stopped at the beach.
Critchley went for a walk away from the beach and entered Cross’ land without consent. Critchley ended up near the top of the cliff and he then accidently fell into a crevice and was severely injured. Critchley sued Cross for negligence.
ISSUES
Did Cross owe a duty of care to trespassers on her land to take reasonable action to prevent harm to the trespassers when walking along the cliff area?
If there was a duty of care owed by Cross, had the standard of care required not been satisfied?
FINDING
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