Posted: September 19th, 2015

commercial law.

Grampian Park is a nature playground in Victoria which has play equipment resembling
nature. Azaria, a eleven year old was playing in the park with a vortex ball when she was
attacked by a kangaroo. Although kangaroos are not usually found near playgrounds, they
were occasionally sighted at Grampian Park. Azaria was attacked by an Eastern Grey
kangaroo when she went to look for her vortex in the bushes. She thought kangaroos were
harmless but it was the breeding season and the males tended to become aggressive during the
breeding season especially towards children. There was no sign or any warning that
kangaroos occasionally visit the park and that they may be dangerous.

(a) Will Azaria be successful in a claim for negligence against Grampian Park?
(b) Grampian Park had recently made an application to the Grampian council to cull (kill a
small percentage of) the kangaroos in the surrounding area because last year 6 children
had been attacked while playing in the playground.

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