Soma-Devan v SCentre Shopping Centre Management Pty Ltd t/as Westfield Hurstville [2020] NSWSC 125

Soma-Devan v SCentre Shopping Centre Management Pty Ltd t/as Westfield Hurstville [2020] NSWSC 125

The proposed second amended statement of claim adequately raised as a real issue whether the floor where the plaintiff fell was slippery, and that issue was likely to require expert assessment. The plaintiff was therefore entitled to inspect the premises with her expert and legal representative, and that entitlement should not be made conditional on answering outstanding particulars where inspection might be necessary to answer them.

Jurisdiction
Australia
Judgment Date
25 February 2020
Procedural Posture
Common Law Proceedings for Personal Injury Arising From an Alleged Slip and Fall at Westfield Hurstville / Notice of Motion for Inspection of Property and Application for Leave to File a Second Amended Statement of Claim
Outcome
Plaintiff's inspection application granted; leave granted to file a second amended statement of claim; costs orders made.
Legal Topics
['inspection of Property' 'pleadings and Particulars' 'slip and Fall' 'amendment of Statement of Claim' 'costs']
['civil Procedure' 'personal Injury' 'negligence'] ['inspection of Property' 'pleadings and Particulars' 'slip and Fall' 'amendment of Statement of Claim' 'costs']

Case Brief

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Procedural Posture

Common Law Proceedings for Personal Injury Arising From an Alleged Slip and Fall at Westfield Hurstville / Notice of Motion for Inspection of Property and Application for Leave to File a Second Amended Statement of Claim

Legal Issues

  1. 1 ["Whether the plaintiff should be permitted to inspect the first defendant's premises with her expert witness and legal representative." 'Whether the condition of the floor and whether it was slippery were sufficiently raised on the pleadings to justify an inspection order.' "Whether the plaintiff's entitlement to inspection should be made conditional on providing further particulars." 'Whether leave should be granted to file a second amended statement of claim and what costs orders should follow.']

Ratio Decidendi

The proposed second amended statement of claim adequately raised as a real issue whether the floor where the plaintiff fell was slippery, and that issue was likely to require expert assessment. The plaintiff was therefore entitled to inspect the premises with her expert and legal representative, and that entitlement should not be made conditional on answering outstanding particulars where inspection might be necessary to answer them.

Court Disposition

Plaintiff's inspection application granted; leave granted to file a second amended statement of claim; costs orders made.

Orders

  • ["Order that the plaintiff be permitted to inspect the first defendant's premises known or described as Westfield Hurstville together with her expert witness and legal representative at such time and on such date as the parties are able conveniently to arrange." "Order the first defendant to pay the plaintiff's...