Akgun v Stockland Property Management Pty Ltd and Anor [2024] NSWDC 253

Akgun v Stockland Property Management Pty Ltd and Anor [2024] NSWDC 253

Stockland breached its duty of care by failing to treat the downward-sloping travelator with an anti-slip surface such as Chemrex prior to the Plaintiff’s accident, notwithstanding foreseeability and significance of risk, and this omission was a necessary condition for the harm. The risk was not obvious to a person in the plaintiff’s position, and there was no contributory negligence.

Parties
Plaintiff: Goksel Akgun; First Defendant: Stockland Property Management Pty Ltd; Second Defendant: Assetlink Services Pty Ltd
Jurisdiction
Australia
Judgment Date
28 June 2024
Procedural Posture
Civil / Final Judgment After Trial
Outcome
Judgment for the Plaintiff against the First Defendant. Claims and cross-claims between Plaintiff and Second Defendant, and between Defendants, resolved by consent orders. Quantum of damages and certain costs to be determined or agreed.
Legal Topics
Slip and Fall, Duty of Care, Negligence, Civil Liability Act 2002 (nsw), Causation, Reasonable Precautions, Contributory Negligence, Obvious Risk, Damages
Torts Personal Injury Slip and Fall Duty of Care Negligence Civil Liability Act 2002 (nsw) Causation Reasonable Precautions +3 more

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Parties

Goksel Akgun

Plaintiff

Stockland Property Management Pty Ltd

First Defendant

Assetlink Services Pty Ltd

Second Defendant

Procedural Posture

Civil / Final Judgment After Trial

Legal Issues

  1. 1 Was Stockland Property Management Pty Ltd negligent in failing to take precautions to prevent the risk of harm on the travelator?
  2. 2 Did the failure to treat the travelator surface amount to a breach of statutory duty under the Civil Liability Act 2002 (NSW)?
  3. 3 Was the risk of a wet travelator surface an 'obvious risk' within the meaning of the Act?

Ratio Decidendi

Stockland breached its duty of care by failing to treat the downward-sloping travelator with an anti-slip surface such as Chemrex prior to the Plaintiff’s accident, notwithstanding foreseeability and significance of risk, and this omission was a necessary condition for the harm. The risk was not obvious to a person in the plaintiff’s position, and there was no contributory negligence.

Court Disposition

Judgment for the Plaintiff against the First Defendant. Claims and cross-claims between Plaintiff and Second Defendant, and between Defendants, resolved by consent orders. Quantum of damages and certain costs to be determined or agreed.

Orders

  • Verdict for the Plaintiff in an amount to be agreed or determined by the Court.
  • Parties to bring in short minutes of order agreeing as to the quantum of damages.