Borg v The Owners of Strata Plan 64425 [2010] NSWDC 203

New South Wales District Court

CITATION: Borg v The Owners of Strata Plan 64425 [2010] NSWDC 203

HEARING DATE(S): 15, 16, 17 April 2009, 29, 30, 31 March and 1 April 2010

JUDGMENT DATE: 10 June 2010

JURISDICTION: Civil jurisdiction

JUDGMENT OF: Johnstone DCJ

1. Judgment for the plaintiff against each of the first five defendants for $517,074.00. 2. Judgment for the 2nd defendant against the 3rd defendant for $258,537.00. 3. Judgment for the 3rd defendant against the 2nd defendant for $258,537.00. DECISION: 4. Judgment for the 3rd defendant against the 5th defendant for $413,659.20. 5. Judgment for the 5th defendant against the 3rd defendant for $103,414.80. 6. Judgment for the 6th defendant against the plaintiff. 7. Costs are to follow the event and are awarded on the ordinary basis unless a party applies for some other costs order. 8. Leave for any such application to be made by notification to the other parties and the court within 14 days, in writing, specifying the costs order sought.

CATCHWORDS: PERSONAL INJURY - claim in contract and tort by a guest at premises for injuries sustained in a fall at the top of the entrance steps - whether any of the defendants owed a duty of care as occupier of the premises at the point of the plaintiff's fall - if so, whether the duty of care as occupier was breached - contributory negligence - whether Trade Practices Act 1974 applies - if so, whether there was a breach of an implied warranty DAMAGES - out-of-pocket expenses - future medical expenses - economic loss - paid domestic assistance - non-economic loss

Civil Liability Act 2002 LEGISLATION CITED: Law Reform (Miscellaneous Provisions) Act 1946 Strata Schemes Management Act 1996 Trade Practices Act 1974 (Cth)