Carnemolla v Arcadia Funds Management Ltd [2020] NSWCA 308

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Carnemolla v Arcadia Funds Management Ltd [2020] NSWCA 308 Hearing dates: 23 November 2020 Decision date: 27 November 2020 Before: Basten JA at [1]; Leeming JA at [32]; McCallum JA at [35] Decision: Appeal dismissed with costs. Catchwords: APPEAL – burden of proof – elements of claim – evidence that floor safe when surface dry – failure of plaintiff to prove water on floor – weight of evidence did not support claim – admitted fact – inspection system adequate – no error in fact-finding TORTS – negligence – breach of duty – allegation of water on floor – management had system of inspection admitted to be adequate – no breach of duty to take reasonable care – Civil Liability Act (NSW) ss 5B, 5C TORTS – negligence – duty of care – slip and fall at shopping centre – duty of shopping centre manager – no duty to ensure floor surface dry – duty to take reasonable care to maintain dry surface – adequacy of system of inspection Legislation Cited: Civil Liability Act 2002 (NSW), ss 5B, 5C Category: Principal judgment Parties: Lisa Marie Carnemolla by her tutor Lucy Carnemolla (Appellant) Arcadia Funds Management Ltd (Respondent) Representation: Counsel: Mr J Sheller SC / Mr J Tryon (Appellant) Mr D Hooke SC / Mr D P O'Dowd

Solicitors: MacElbing Mednis & Associates (Appellant) McCabe Curwood (Respondent) File Number(s): 2020/133060 Decision under appeal Court or tribunal: District Court Jurisdiction: Civil Citation: [2020] NSWDC 108 Date of Decision: 9 April 2020 Before: Gibson DCJ File Number(s): 2017/130845