Coulter v Bush; Coulter v Domain Residential Northern Beaches Pty Ltd [2024] NSWSC 267

Coulter v Bush; Coulter v Domain Residential Northern Beaches Pty Ltd [2024] NSWSC 267

Bundock’s negligent act of placing bedding against a light and switching it on resulted in the destruction of property and the house; Domain is liable for both tortious negligence and breach of the statutory guarantee under s 60 ACL. The risk of fire was foreseeable and a reasonable person would not have put bedding against a light. Domain’s arguments about lack of causation and alleged concurrent wrongdoing by plaintiffs fail.

Jurisdiction
Australia
Judgment Date
19 March 2024
Procedural Posture
Tort and Consumer Law—damages for Negligent Property Destruction and Breach of Statutory Guarantee / Judgment After Transferred Proceedings From Local Court
Outcome
Judgment for the plaintiffs and first cross-claimant
Legal Topics
['negligence' 'duty of Care' 'proportionate Liability' 'statutory Warranties' 'damages' 'causation']
['tort' 'consumer Law'] ['negligence' 'duty of Care' 'proportionate Liability' 'statutory Warranties' 'damages' 'causation']

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Procedural Posture

Tort and Consumer Law—damages for Negligent Property Destruction and Breach of Statutory Guarantee / Judgment After Transferred Proceedings From Local Court

Legal Issues

  1. 1 ['Whether the real estate agent caused the fire through negligent conduct' 'Whether Domain breached the statutory guarantee of due care and skill under s 60 of ACL' 'Whether damage should be reduced for alleged concurrent wrongdoing by plaintiffs']

Ratio Decidendi

Bundock’s negligent act of placing bedding against a light and switching it on resulted in the destruction of property and the house; Domain is liable for both tortious negligence and breach of the statutory guarantee under s 60 ACL. The risk of fire was foreseeable and a reasonable person would not have put bedding against a light. Domain’s arguments about lack of causation and alleged concurrent wrongdoing by plaintiffs fail.

Court Disposition

Judgment for the plaintiffs and first cross-claimant

Orders

  • ['First plaintiff (2021/00268164) against second defendant for $26,384.40 plus interest' 'Second plaintiff (2021/00268164) against second defendant for $12,696.48 plus interest' 'First and second plaintiffs (2021/00268164) jointly against second defendant for $24,599.70 plus interest' 'First cross-claimant against...