Event and Time
Event Description
- On December 28, 2014, the Houghton family invited the Long family to their unit in Fairlight, NSW, for socializing.
- An accident occurred around 8 PM when Mr. Houghton and 11-year-old Bethany Long fell over a balcony wall, leading to serious injuries for Mr. Houghton, including incomplete quadriplegia.
Application and Claims
- The Houghtons claimed damages from the defendants, Anthony and Julie Potts, alleging negligence and breach of contract (in Mr. Houghton’s case).
- Mr. Houghton sought compensation for injuries, while Mrs. Houghton sought damages for nervous shock.
Judicial Decisions
- The court ruled in favor of the defendants in both sets of proceedings.
- Each plaintiff was ordered to pay the defendants’ costs.
Dispute Points and Legal Basis
Dispute Points
- Mr. Houghton’s Claim:
- Alleged the accident was due to the negligence of the Potts. - Claimed he lost his balance while trying to lift Bethany away from the balcony wall.
- Bethany Long’s Version:
- Stated that Mr. Houghton was holding her playfully over the balcony, which led to the fall.
- Legal Arguments of the Plaintiffs:
- Asserted that the Potts had a duty of care regarding the safety of their property. - Claimed that the balcony wall was unsafe and constituted a significant risk of harm.
- Defendants’ Arguments:
- Argued that they were not aware of any risks associated with the balcony. - Contended that Mr. Houghton’s actions, particularly his intoxication, contributed to the accident, thus diminishing their liability.