NSW Caselaw
New South Wales District Court
CITATION: Turner v NSW Land and Housing Corporation [2010] NSWDC 294
HEARING DATE(S): 13, 14 and 15 December 2010
JUDGMENT DATE: 24 December 2010
JURISDICTION: Civil
JUDGMENT OF: Gibson DCJ
(1) Judgment for the defendant. DECISION: (2) Plaintiff pay defendant's costs. (3) Liberty to restore in relation to costs. (4) Exhibits retained for 28 days.
CATCHWORDS: TORT - claim under Compensation to Relatives Act 1897 (NSW) - tenant falls on stairs of residential premises let by a public authority - whether duty of care and breach of duty established - s 42 Civil Liability Act 2002 (NSW) - causation - Sweeney v Boylan Nominees Pty Ltd defence - judgment for defendant
LEGISLATION CITED: Civil Liability Act 2002 (NSW), ss 5D, 5R and 42 Compensation to Relatives Act 1897 (NSW)
Adeels Palace Pty Ltd v Moubarak [2009] HCA 48 Jones v Bartlett (2000) 205 CLR 166 Leighton Contractors Pty Ltd v Fox [2009] HCA 35 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705 CASES CITED: New South Wales Department of Housing v Hume [2007] NSWCA 69 R v Kotzmann [1999] 2 VR 123 Sakaua v Williams [2005] NSWCA 405 Stojan (No 9) Pty Ltd v Kenway [2009] NSWCA 364 Sweeney v Boylan Nominees Pty Ltd (2006) 226 CLR 161 Wilkinson v Law Courts Ltd [2001] NSWCA 196
PARTIES: Plaintiff: Mark Anthony Turner Defendant: NSW Land and Housing Corporation
FILE NUMBER(S): 4968 of 2009
COUNSEL: Plaintiff: Mr A Campbell Defendant: Mr J Catsanos
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