On Australia Day 2002, Robert Corkery, a pre-eminent geological and environmental consultant, fell down the timber stairs of a villa at Kingfisher Bay Resort on Fraser Island. The stairs were wet from light rain. He had removed his sandshoes at the top of the steps and was carrying them as he descended, moving cautiously one step at a time. His foot slipped. He fell heavily to the bottom and lay immobile for hours before ambulance officers could move him.
His injuries were severe:
The accident also prevented him from continuing the geological fieldwork that underpinned his consultancy business, RW Corkery.
Three plaintiffs sued: Robert Corkery personally, his wife Cynthia (for loss of consortium), and the company itself (for lost geological income).
The defendants argued the stairs were safe (not slippery) and that Mr Corkery was contributorily negligent for not holding the handrail. Justice Lyons rejected both arguments.
On the slipperiness question, the court relied on engineering evidence from Mr Armbruster, a mechanical engineer originally engaged by the defendants’ own insurer.
His wet slip testing found the stair treads registered British Pendulum Numbers of 33 to 35.5, placing them in the “moderate to high” risk range for slipping when wet. Critically, the anti-slip varnish had worn away in the high-traffic centre of each tread. The court found the stairs did not comply with the Building Code of Australia’s requirement for non-slip finishes.
On contributory negligence, the court found that descending one step at a time, in bare feet at a beach resort, was entirely reasonable conduct. The defendants failed to establish that a reasonable person in Mr Corkery’s position was required to do anything more.
On the company’s claim, the court accepted that geological clients had retained RW Corkery specifically because of Mr Corkery’s personal reputation, and that no substitute geologist could fill that role. The company had genuinely lost geological work it could not replace.
Claimant | Award |
|---|---|
Robert Corkery (personal injury, care, expenses) | $147,494.41 |
Cynthia Corkery (loss of consortium) | $12,996.00 |
RW Corkery (lost geological income, staff costs) | $766,597.50 |
Total | $927,087.91 |
On the company’s claim, the court accepted that geological clients had retained RW Corkery specifically because of Mr Corkery’s personal reputation, and that no substitute geologist could fill that role. The company had genuinely lost geological work it could not replace.
The key lesson for injured Queenslanders: Resort and accommodation operators carry a higher duty of care than ordinary landlords. They remain in ongoing control of the premises and bear responsibility for maintenance. Where anti-slip surfaces have worn away, that deterioration is apparent on visual inspection, and the operator who fails to act bears liability.
The key lesson on evidence: The defendants’ own expert became the plaintiffs’ most important witness. His engineering report, obtained by the insurer in 2002, documented the exact condition of the stairs.
Expert evidence cuts both ways, and a well-prepared legal team knows how to use it.
Bold callout: The resort’s own insurer commissioned the engineering report that proved the stairs were defective. Without an experienced legal team identifying and deploying that evidence, the case could have been lost on the slipperiness question alone.
Our team of public liability lawyers work with the oversight of a QLD Accredited Personal Injury Specialist, Kerry Splatt. They provide professional legal services for dealings with insurance companies, including disputed claims.
We provide qualified legal advice for slip and fall cases on a 100% no-win, no-fee basis. There are no hidden or upfront costs or uplift fees. Pay when you win and nothing if you lose.
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