ALLCORP CLEANING SERVICES PTY LTD v FAIRWEATHER and ANOR [1998] NSWCA 12

ALLCORP CLEANING SERVICES PTY LTD v FAIRWEATHER and ANOR [1998] NSWCA 12

The breakdown of the cleaning system in a food court led to the absence of a cleaner for up to three-quarters of an hour, making it probable that the chip causing the accident would have been detected and removed if the system had operated. Accordingly, negligence and causation are established against the appellant, and apportionment of liability to the appellant is proper.

Parties
Appellant: Allcorp Cleaning Services Pty Ltd; First Respondent: Mrs Fairweather; Second Respondent: Queensland Investment Corporation
Jurisdiction
Australia
Judgment Date
29 June 1998
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Negligence, Personal Injury, Slip and Fall, Adequacy of Cleaning System, Apportionment of Liability
Tort Law Negligence Personal Injury Slip and Fall Adequacy of Cleaning System Apportionment of Liability

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Parties

Allcorp Cleaning Services Pty Ltd

Appellant

Mrs Fairweather

First Respondent

Queensland Investment Corporation

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Was the cleaning system adequate and functioning at the relevant time?
  2. 2 Did the breakdown of the cleaning system cause the accident and injury?
  3. 3 Was negligence properly found and apportioned under the Law Reform (Miscellaneous Provisions) Act 1946?

Ratio Decidendi

The breakdown of the cleaning system in a food court led to the absence of a cleaner for up to three-quarters of an hour, making it probable that the chip causing the accident would have been detected and removed if the system had operated. Accordingly, negligence and causation are established against the appellant, and apportionment of liability to the appellant is proper.

Court Disposition

appeal dismissed

Orders

  • Appeal against the first respondent dismissed; costs disposed of.
  • Appeal against the second respondent dismissed; appellant to pay the second respondent's costs.