Clara Losurdo v Stockland Property Management Pty Ltd [2010] NSWDC 339

New South Wales District Court

CITATION: Clara Losurdo v Stockland Property Management Pty Ltd [2010] NSWDC 339

JUDGMENT DATE: 10 September 2010

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: Verdict and judgment for the defendant. The cross-claim is dismissed.

CATCHWORDS: CIVIL LAW - slip and fall in shopping centre - negligence - plaintiff sued defendant shopping centre in negligence - defendant shopping centre filed cross-claim against cleaning company - nature of duty owed by defendant to plaintiff - whether breach of duty by defendant - was defendant responsible for any negligence of cross defendant - was cross defencant an independant contractor or an employee - contractual relationship between defendant and cross defendant - indemnity clause in contract - contributory negligence - breach of contract by cross defendant - credibility of plaintiff and plaintiff's husband as witnesses - plaintiff's pre-existing medical condition - damages for non-economic loss - damages for economic loss - damages for gratuitous care - damages for out of pocket expenses

LEGISLATION CITED: Civil Liability Act 2002 s 15, s 16 Law Reform (Miscellaneous Provisions) Act 1946 s 5

Alzawy v CTP Custodian Pty Ltd [2009] NSWDC 304 Australian Safeway Stores v Zaluzna (1987) 162 CLR 479 Hilas v Todbern Pty Limited [2007] NSWCA 315 CASES CITED: New South Wales v Tempo Services Ltd [2004] NSWCA 4 Stevens v Brodribb Sawmilling Co Pty Limited (1986) 160 CLR 16 Sweeney v Boylan Nominees Pty Limited (2006) 226 CLR 161 Westfield Shopping Management Pty Ltd v Mastercare Property Services Pty Limited [1998] NSWSC 457 Wilkinson v Law Courts Limited [2001] NSWCA 196