Kalache v Secureclean Pty Ltd (No 2) [2019] NSWDC 717

Kalache v Secureclean Pty Ltd (No 2) [2019] NSWDC 717

The plaintiff failed to prove on the balance of probabilities that there was any liquid or other contaminant on the floor of the mall at the location of her fall. The CCTV footage and witness evidence did not support the existence of any hazard, and speculative or uncorroborated evidence was insufficient. Thus, the claim in negligence against Secureclean Pty Ltd failed.

Parties
Plaintiff: Klaudette Kalache; Second Defendant: Secureclean Pty Ltd
Jurisdiction
Australia
Judgment Date
23 October 2019
Procedural Posture
Civil / Verdict and Judgment
Outcome
Judgment for the defendant
Legal Topics
Slip and Fall, Occupier's Liability, Contract Cleaning Liability, Evidence Assessment, Causation in Negligence
Torts Negligence Personal Injury Slip and Fall Occupier's Liability Contract Cleaning Liability Evidence Assessment Causation in Negligence

Case Brief

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Parties

Klaudette Kalache

Plaintiff

Secureclean Pty Ltd

Second Defendant

Procedural Posture

Civil / Verdict and Judgment

Legal Issues

  1. 1 Whether the plaintiff slipped on a liquid substance causing her injuries
  2. 2 Whether the defendant cleaning contractor breached its duty of care
  3. 3 Whether causation between breach (if any) and injury was established on the balance of probabilities

Ratio Decidendi

The plaintiff failed to prove on the balance of probabilities that there was any liquid or other contaminant on the floor of the mall at the location of her fall. The CCTV footage and witness evidence did not support the existence of any hazard, and speculative or uncorroborated evidence was insufficient. Thus, the claim in negligence against Secureclean Pty Ltd failed.

Court Disposition

Judgment for the defendant

Orders

  • Verdict and judgment for the second defendant against the plaintiff.