Edwards v Curtis [2020] NSWDC 926

District Court New South Wales

Medium Neutral Citation: Edwards v Curtis [2020] NSWDC 926 Hearing dates: 5, 6, 7 February and 13 May 2020 Date of orders: 15 May 2020 Decision date: 15 May 2020 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Judgment for the defendant. (2) Plaintiff to pay the defendant's costs, subject to any application made by email to my associate in the next 14 days. Catchwords: NEGLIGENCE – personal injury – unit complex – tenant – fall - stairs – lighting – handrail - knee Legislation Cited: Civil Liability Act 2002, s 5B, s 5D Limitation Act 1969, s 50C, s 50D Category: Principal judgment Parties: William Edwards (plaintiff) Kerry Frances Curtis (defendant) Representation: Counsel: Mr M McAuley (plaintiff) Mr S E McCarthy (defendant)

Solicitors: Paul A Curtis & Co Solicitors (plaintiff) McCabe Curwood (defendant) File Number(s): 2018/93137 Publication restriction: None

Judgment

A. Introduction 1. William Edwards fell down some stairs in the unit complex where he lived in December 2013. He attributes this fall to defective lighting and the absence of a second handrail. He sues the owner, Kerry Curtis, for damages.

B. Issues 1. The issues that arise in the proceedings are: 1. What was the cause of Mr Edwards' fall. 2. Was the stairwell lighting defective in December 2013. 3. Did Ms Curtis breach a duty of care in respect of the lighting, or the handrail, or in any other respect. 4. Was the claim statute-barred. 5. What is the extent of Mr Edwards' injury, disabilities and damages.