KD TALENT MANAGEMENT PTY. LTD. trading as MD College v NEXT INTERIORS PTY LTD [2021] NSWDC 644

District Court New South Wales

Medium Neutral Citation: KD TALENT MANAGEMENT PTY. LTD. trading as MD College v NEXT INTERIORS PTY LTD [2021] NSWDC 644 Hearing dates: 10 and 11 November 2021 Date of orders: 30 November 2021 Decision date: 30 November 2021 Jurisdiction: Civil Before: Gibson DCJ Decision: Order: (1) Judgment for the defendant. (2) Plaintiff pay defendant's costs. (3) Exhibits retained until further order. (4) On the defendant's oral application (pursuant to the liberty to apply) for special costs orders: (a) Defendant's submissions for special costs orders pursuant to Civil Procedure Act 2005 section 98 and UCPR r 42.15 by Monday 6 December 2021. (b) Plaintiff's submissions in reply by Wednesday 8 December 2021. (c) Matter listed on Friday 10 December 2021 at 9:15am. Catchwords: NEGLIGENCE – premises rented by plaintiff flooded due to faulty plumbing in adjoining building – plumbing performed by an independent contractor retained by the defendant – Sweeney v Boylan Nominees Pty Limited (2006) 226 CLR 161 - whether the defendant was vicariously liable for the independent contractor's negligence – whether there was negligent failure on the defendant's part to manage and supervise the independent contractor –whether the independent contractor was a "concurrent wrongdoer" for the purposes of s 34 of the Civil Liability Act 2002 (NSW) Legislation Cited: Civil Liability Act 2002 (NSW) ss 34(1) and 35 Strata Schemes Management Act 2015 (NSW) s 106 Cases Cited: Armes v Nottinghamshire County Council [2017] UKSC 60 Bevillesta Pty Ltd v Liberty International Insurance Co [2009] NSWCA 16 Colonial Mutual Life Assurance Society Ltd v Producers and Citizens Cooperative Assurance Co of Australia Ltd (1931) 46 CLR 41 Cox v Ministry of Justice [2016] UKSC 10, [2016] AC 660 Hollis v Vabu [2001] 207 CLR 21 International Harvester Co of Aust Pty Ltd v Carrigan's Hazeldene Pastoral Co (1958) 100 CLR 644 Kennedy v De Trafford [1897] AC 180 Laresu Pty Ltd v Clark [2010] NSWCA 180 Leighton Contractors Pty Ltd v Fox (2009) 240 CLR 1 Liprini v Hale [2020] NSWCA 130 R (on the application of HNA) v Secretary of State for the Home Department [2021] EWHC 2100 Stevens v Brodribb Sawmilling Co Pty Ltd (1985 – 1986) 160 CLR 16 Sweeney v Boylan Nominees Pty Limited (2006) 226 CLR 161 Williams v Pisano [2015] NSWCA 177 Texts Cited: Jane Swanton, "Master's liability for the wilful tortious conduct of his servant", 16 Western Australian Law Review 1 Category: Principal judgment Parties: Plaintiff: KD Talent Management Pty. Ltd. trading as MD College Defendant: Next Interiors Pty Ltd Representation: Counsel: Plaintiff: Mr R Keller Defendant: Mr C Purdy