Akgun v Stockland Property Management Pty Ltd and Anor [2024] NSWDC 253

District Court New South Wales

Medium Neutral Citation: Akgun v Stockland Property Management Pty Ltd and Anor [2024] NSWDC 253 Hearing dates: 17-19 June 2024 Date of orders: 28 June 2024 Decision date: 28 June 2024 Jurisdiction: Civil Before: Newlinds SC DCJ Decision: (1) Verdict for the Plaintiff in an amount to be agreed or determined by me. (2) Direct the parties to bring in short minutes of order agreeing as to the quantum of damages in accordance with these reasons. (3) In the event the parties cannot agree as to any matter, I will hear the parties and determine any outstanding issues. (4) As to costs, prima facie the Plaintiff is entitled to his costs against the First Defendant. However, I will hear the parties for any variation from that usual result. (5) Direct the Parties to bring in short minutes consistent with these reasons and to include in those short minutes the Agreed position and consent orders as against Assetlink on the Plaintiff's claim and Assetlink's cross-claim against Stockland. Catchwords: TORTS – Slip and fall by Plaintiff on travelator in shopping mall – travelator slippery when wet – Civil Liability Act – Risk of harm – Reasonable precautions – Travelator could have been treated in a way to ameliorate risk – causation – contributory negligence – obvious risk – Damages Legislation Cited: Civil Liability Act 2002 (NSW) s 5B; s 5D; s 5F; s 5R; s 13; s 15 Cases Cited: Australian Safeway Stores Pty Limited v Zaluzna (1987) 162 CLR 479 Boral Bricks Pty Ltd v Cosmidis (No. 2) [2014] NSWCA 139 Gomez v Woolworths Group Pty Ltd [2024] NSWCA 121 Metaxoulis v McDonald's Australia Ltd [2015] NSWCA 95 Category: Principal judgment Parties: Goksel Akgun (Plaintiff) Stockland Property Management Pty Ltd(First Defendant) Assetlink Services Pty Ltd (Second Defendant) Representation: Counsel: Mr D Stanton (Plaintiff) Mr S Glascott (First Defendant) Mr R Perla (Second Defendant)