Bryant v Department of Housing, New South Wales & Anor [2007] NSWDC 208

New South Wales District Court

CITATION: Bryant v Department of Housing, New South Wales & Anor [2007] NSWDC 208

HEARING DATE(S): 27 August 2007, 28 August 2007, 29 August 2007, 27 September 2007 and 28 September 2007

JUDGMENT DATE: 24 October 2007

JURISDICTION: Civil

JUDGMENT OF: Hungerford ADCJ

DECISION: Verdict for the plaintiff against the first and second defendants in amount of $5,154.50; parties to be heard on costs

CATCHWORDS: NEGLIGENCE – Personal injury – Leased residential premises – Injury to member of tenant's household – Fall on defective step at rear entrance to house after being repaired – Liability of landlord – Liability of repairer – Pre-existing medical condition of plaintiff – Causal relationship of injury and continuing disabilities – Video film evidence of present activities – Exaggeration of physical incapacity – Damages

LEGISLATION CITED: Civil Liability Act, ss 15(3) and 16(1) Trade Practices Act 1974 (Cth), s 75AD

Austin v Bonney [1999] 1 Qd R 114 Boylan Nominees Pty Ltd t/as Quirks Refrigeration v Sweeney [2005] NSWCA 8 Cavalier v Pope [1906] AC 428 Colonial Mutual Life Assurance Society Ltd v Producers & Citizens Co-operative Assurance Co of Australia Ltd (1931) 46 CLR 41 Donoghue v Stevenson [1932] AC 562 CASES CITED: Gaskell v Denkas Building Services Pty Ltd & Ors [2006] NSWSC 632 Jones v Bartlett (2000) 205 CLR 166 Northern Sandblasting Pty Ltd v Harris (1997) 188 CLR 313 Parker v South Australian Housing Trust (1986) 41 SASR 493 Quarman v Burnett (1840) 6 M & W 499; 151 ER 509 Scott v Davis (2000) 204 CLR 333 Trevor Howse Associates Pty Ltd v Dessmann & Anor; Quadrant Research Services Pty Ltd v Dessmann & Anor [2003] NSWCA 148