Lesandu Blacktown Pty Ltd v Gonzalez [2013] NSWCA 8

Lesandu Blacktown Pty Ltd v Gonzalez [2013] NSWCA 8

No duty of care was owed by the applicant to the respondent for harm caused by the criminal act of a third party in the absence of a special relationship. The circumstances, including the applicant's capacity to lock doors and the foreseeability of risk, were not sufficient to impose such a duty. The finding of breach and causation was not supported by the evidence or justified under ss 5B and 5D of the Civil Liability Act 2002 (NSW).

Parties
Applicant/appellant: Lesandu Blacktown Pty Ltd; Respondent: Manuel Gonzalez
Jurisdiction
Australia
Judgment Date
08 February 2013
Procedural Posture
Civil Appeal / Leave to Appeal and Appeal From District Court Decision
Outcome
Appeal allowed. District Court judgment set aside.
Legal Topics
Negligence, Duty of Care, Liability for Acts of Third Parties, Causation, Occupiers' Liability
Torts Civil Liability Negligence Duty of Care Liability for Acts of Third Parties Causation Occupiers' Liability

Case Brief

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Parties

Lesandu Blacktown Pty Ltd

Applicant/appellant

Manuel Gonzalez

Respondent

Procedural Posture

Civil Appeal / Leave to Appeal and Appeal From District Court Decision

Legal Issues

  1. 1 Whether a duty of care was owed by a store occupier to a customer for injury caused by a third party
  2. 2 Whether a 'special relationship' existed creating such a duty
  3. 3 Whether breach of duty and causation were established under the Civil Liability Act 2002 (NSW)

Ratio Decidendi

No duty of care was owed by the applicant to the respondent for harm caused by the criminal act of a third party in the absence of a special relationship. The circumstances, including the applicant's capacity to lock doors and the foreseeability of risk, were not sufficient to impose such a duty. The finding of breach and causation was not supported by the evidence or justified under ss 5B and 5D of the Civil Liability Act 2002 (NSW).

Court Disposition

Appeal allowed. District Court judgment set aside.

Orders

  • (1) Grant the applicant leave to appeal.
  • (2) Direct the applicant to file, within seven days, the draft notice of appeal.