Stewart v Rudland-Wood & Anor Kim Messenger Real Estate Pty Ltd v Rudland-Wood & Anor [2000] NSWCA 86

Stewart v Rudland-Wood & Anor Kim Messenger Real Estate Pty Ltd v Rudland-Wood & Anor [2000] NSWCA 86

The appeals failed because it was open to the trial judge to accept Ms Logan as a reliable witness and to find that her evidence substantially corroborated the plaintiff's evidence that she warned the agent in May or June 1991 that the wall was unsafe. That warning made the agent liable on its accepted duty of care and constituted notice to the owner, whose liability rested on his own failure to remedy the defect. The damages awards, although high, could not be shown on the material and grounds advanced to be unjustified.

Jurisdiction
Australia
Judgment Date
11 April 2000
Procedural Posture
Negligence and Breach of Contract Claim by Injured Residential Tenant Against Owner and Real Estate Agent; Cross Claims Between Owner and Agent / Appeals to the New South Wales Court of Appeal From District Court Judgment
Outcome
Appeals dismissed with costs.
Legal Topics
['landlord Liability for Unsafe Premises' 'real Estate Agent Duty of Care' 'notice of Dangerous Defect' 'indemnity Between Owner and Agent' 'personal Injury Damages' 'future Economic Loss']
['negligence' 'landlord and Tenant' 'contract' 'damages'] ['landlord Liability for Unsafe Premises' 'real Estate Agent Duty of Care' 'notice of Dangerous Defect' 'indemnity Between Owner and Agent' 'personal Injury Damages' 'future Economic Loss']

Case Brief

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Procedural Posture

Negligence and Breach of Contract Claim by Injured Residential Tenant Against Owner and Real Estate Agent; Cross Claims Between Owner and Agent / Appeals to the New South Wales Court of Appeal From District Court Judgment

Legal Issues

  1. 1 ['Whether the trial judge erred in finding that the plaintiff informed the agent in May or June 1991 that the wall or balustrade was unsafe.' 'Whether the owner and the agent were liable to the plaintiff for injuries suffered when the wall collapsed.' 'Whether notice to the agent constituted notice to the owner.' 'Whether the damages awarded to the plaintiff were excessive.' 'Whether the agent was required to indemnify the owner if liable to the plaintiff.']

Ratio Decidendi

The appeals failed because it was open to the trial judge to accept Ms Logan as a reliable witness and to find that her evidence substantially corroborated the plaintiff's evidence that she warned the agent in May or June 1991 that the wall was unsafe. That warning made the agent liable on its accepted duty of care and constituted notice to the owner, whose liability rested on his own failure to remedy the defect. The damages awards, although high, could not be shown on the material and grounds advanced to be unjustified.

Court Disposition

Appeals dismissed with costs.

Orders

  • ['Appeals dismissed, with costs.']