Than v Galletta & Ors [2019] NSWDC 9

Than v Galletta & Ors [2019] NSWDC 9

Both the owner-occupier and managing agent defendants breached their duties of care by failing to ensure stairwell lighting was maintained in working order or to provide adequate warning; the risk was foreseeable and not insignificant; reasonable precautions would have included immediate repairs or interim warnings. The plaintiff's injuries arose as a direct result of these breaches, with no contributory negligence established. Apportionment was wholly in favour of the managing agents due to their control and knowledge of the defect and failure to act after specific notification; judgment for the plaintiff was entered accordingly for damages assessed at $333,006.65.

Parties
Plaintiff: Karen Than; First Defendant: Sheila Elizabeth Galletta; Second Defendant: Joan Maria Ghisla; Third Defendant: Margaret Rachel Stanton; Fourth Defendant: Kathryn Anne Calabrese; Fifth Defendant: Josephine Gloria Lombardo; Sixth Defendant: Adrian Tesoriero t/as LJ Hooker Bondi Beach; Seventh Defendant: AP Tesoriero t/as LJ Hooker Bondi Beach
Jurisdiction
Australia
Judgment Date
08 February 2019
Procedural Posture
Civil / Principal Judgment After Trial
Outcome
Verdict and judgment for the plaintiff against each defendant in the sum of $333,006.65; Sixth and seventh defendants to bear 100% of the plaintiff's damages; first to fifth defendants to bear zero per cent; first cross-claim succeeds; second cross-claim dismissed; costs as specified in orders.
Legal Topics
Occupier's Liability, Landlord and Tenant, Personal Injury, Apportionment, Damages, Contributory Negligence
Torts Negligence Occupier's Liability Landlord and Tenant Personal Injury Apportionment Damages Contributory Negligence

Case Brief

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Parties

Karen Than

Plaintiff

Sheila Elizabeth Galletta

First Defendant

Joan Maria Ghisla

Second Defendant

Margaret Rachel Stanton

Third Defendant

Kathryn Anne Calabrese

Fourth Defendant

Josephine Gloria Lombardo

Fifth Defendant

Adrian Tesoriero t/as LJ Hooker Bondi Beach

Sixth Defendant

AP Tesoriero t/as LJ Hooker Bondi Beach

Seventh Defendant

Procedural Posture

Civil / Principal Judgment After Trial

Legal Issues

  1. 1 Whether defendants were negligent regarding defective stairwell lighting
  2. 2 Whether the risk was inherent or obvious under the Civil Liability Act 2002
  3. 3 Whether the plaintiff was contributorily negligent

Ratio Decidendi

Both the owner-occupier and managing agent defendants breached their duties of care by failing to ensure stairwell lighting was maintained in working order or to provide adequate warning; the risk was foreseeable and not insignificant; reasonable precautions would have included immediate repairs or interim warnings. The plaintiff's injuries arose as a direct result of these breaches, with no contributory negligence established. Apportionment was wholly in favour of the managing agents due to their control and knowledge of the defect and failure to act after specific notification; judgment for the plaintiff was entered accordingly for damages assessed at $333,006.65.

Court Disposition

Verdict and judgment for the plaintiff against each defendant in the sum of $333,006.65; Sixth and seventh defendants to bear 100% of the plaintiff's damages; first to fifth defendants to bear zero per cent; first cross-claim succeeds; second cross-claim dismissed; costs as specified in orders.

Orders

  • Verdict and judgment for the plaintiff against each defendant in the sum of $333,006.65
  • On the first cross-claim, sixth and seventh defendants to bear 100% of plaintiff's damages; first to fifth defendants to bear zero per cent