Arabi v Glad Cleaning Service Pty Limited [2010] NSWCA 208

Arabi v Glad Cleaning Service Pty Limited [2010] NSWCA 208

The appellant failed to discharge the burden of proving that the respondents breached their duty of care by not having a more frequent inspection system; evidence did not establish reasonable alternatives, or that the implemented system was unreasonable. Consequently, no breach of duty was proven. Even if breach were established, causation could not be proven by the evidence. Appeal dismissed.

Parties
Appellant: Taleb Arabi; First Respondent: Glad Cleaning Service Pty Limited; Second Respondent: CPT Custodian Pty Limited
Jurisdiction
Australia
Judgment Date
23 August 2010
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed.
Legal Topics
Negligence, Duty of Care, Breach of Duty, Occupier's Liability, Causation
Tort Law Personal Injury Negligence Duty of Care Breach of Duty Occupier's Liability Causation

Case Brief

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Parties

Taleb Arabi

Appellant

Glad Cleaning Service Pty Limited

First Respondent

CPT Custodian Pty Limited

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the respondents breached their duty of care by failing to provide a reasonable system to ensure the safety of surfaces at the shopping centre
  2. 2 Whether the cleaning and inspection system in place constituted a breach of statutory or common law duty
  3. 3 Whether causation was established between alleged breach and appellant's injury

Ratio Decidendi

The appellant failed to discharge the burden of proving that the respondents breached their duty of care by not having a more frequent inspection system; evidence did not establish reasonable alternatives, or that the implemented system was unreasonable. Consequently, no breach of duty was proven. Even if breach were established, causation could not be proven by the evidence. Appeal dismissed.

Court Disposition

Appeal dismissed.

Orders

  • Appellant to pay the respondents' costs of the appeal.