Trigas v The Owners - Strata Plan No. 10579 [2019] NSWDC 473

Trigas v The Owners - Strata Plan No. 10579 [2019] NSWDC 473

The executive committee's decision to engage Mr O'Brien to cut down the trees was valid and was taken to be a decision of the owners corporation. The defendant owed persons on the common property a duty to take reasonable care and breached that duty by failing to place safety cones and warning signs in the area of the tree-felling operation. However, the first plaintiff did not prove on the balance of probabilities that this breach caused his injuries, because the evidence indicated that he was more likely to have ignored any warning device or barrier to retrieve the forklift. The first plaintiff's claim therefore failed, and the second plaintiff's dependent claim also failed.

Jurisdiction
Australia
Judgment Date
12 September 2019
Procedural Posture
Civil Personal Injury Negligence Claim / Principal Judgment After Hearing
Outcome
Verdict for the defendant.
Legal Topics
['duty of Care' 'breach of Duty' 'causation' 'contributory Negligence' 'tree Felling on Common Property' 'engagement of Contractor' 'owners Corporation Authority' 'damages']
['civil Procedure' 'negligence' 'personal Injury' 'strata Schemes'] ['duty of Care' 'breach of Duty' 'causation' 'contributory Negligence' 'tree Felling on Common Property' 'engagement of Contractor' 'owners Corporation Authority' 'damages']

Case Brief

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Procedural Posture

Civil Personal Injury Negligence Claim / Principal Judgment After Hearing

Legal Issues

  1. 1 ["Whether the executive committee's decision to engage a contractor to remove trees was valid despite failures to comply with meeting notice, record and authorisation procedures under the Strata Schemes Management Act 1996 (NSW)." 'Whether the defendant owed and breached a duty of care to persons on the common property during tree-felling operations.' 'Whether the defendant discharged its duty of care by engaging a professional contractor.' "Whether the plaintiff proved that the defendant's breach caused his injuries." 'Whether the plaintiff failed to take reasonable care for his own safety and was contributorily negligent.' "Whether the plaintiffs proved the claimed damages, including Super Start Batteries Pty Limited's claim for the cost of employing another person."]

Ratio Decidendi

The executive committee's decision to engage Mr O'Brien to cut down the trees was valid and was taken to be a decision of the owners corporation. The defendant owed persons on the common property a duty to take reasonable care and breached that duty by failing to place safety cones and warning signs in the area of the tree-felling operation. However, the first plaintiff did not prove on the balance of probabilities that this breach caused his injuries, because the evidence indicated that he was more likely to have ignored any warning device or barrier to retrieve the forklift. The first plaintiff's claim therefore failed, and the second plaintiff's dependent claim also failed.

Court Disposition

Verdict for the defendant.

Orders

  • ['Verdict for the defendant.' "Plaintiffs to pay the defendant's costs."]