Allen v Strata Plan 54664 [2016] NSWDC 217

Allen v Strata Plan 54664 [2016] NSWDC 217

The defendant, Strata Plan 54664, breached its duty of care to the plaintiff by failing to enforce its code of conduct for removalists, failing to remove or secure a mat left in the lift for an extended period, and failing to take simple precautions (such as taping down the mat), resulting in an unsafe and unstable surface which caused the plaintiff to trip and suffer significant injury. The risk was not obvious to the plaintiff, and no contributory negligence should be apportioned. Causation was established under the Civil Liability Act 2002 (NSW) and damages were assessed accordingly.

Jurisdiction
Australia
Judgment Date
16 September 2016
Procedural Posture
Civil / Principal Judgment
Outcome
Judgment for the plaintiff
Legal Topics
['personal Injury' "occupiers' Liability" 'duty of Care' 'breach of Duty' 'contributory Negligence' 'obvious Risk' 'assessment of Damages']
['tort Law' 'negligence'] ['personal Injury' "occupiers' Liability" 'duty of Care' 'breach of Duty' 'contributory Negligence' 'obvious Risk' 'assessment of Damages']

Case Brief

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Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 ['Whether the defendant owed and breached a duty of care to the plaintiff.' 'Whether the mat in the lift constituted an obvious risk under Civil Liability Act 2002 (NSW).' "Whether the plaintiff's injury was caused by the defendant's negligence (causation)." 'Whether contributory negligence should be apportioned to the plaintiff.' 'Assessment of damages for non-economic loss and home care.']

Ratio Decidendi

The defendant, Strata Plan 54664, breached its duty of care to the plaintiff by failing to enforce its code of conduct for removalists, failing to remove or secure a mat left in the lift for an extended period, and failing to take simple precautions (such as taping down the mat), resulting in an unsafe and unstable surface which caused the plaintiff to trip and suffer significant injury. The risk was not obvious to the plaintiff, and no contributory negligence should be apportioned. Causation was established under the Civil Liability Act 2002 (NSW) and damages were assessed accordingly.

Court Disposition

Judgment for the plaintiff

Orders

  • ['Judgment for the plaintiff.' 'Liberty to the parties to bring in short minutes of order reflecting the mathematically agreed calculation of damages.' "Defendant pay plaintiff's costs." 'Liberty to apply in relation to costs.' 'Exhibits retained for 28 days.']