Husain Jammal v V & S Tadros [2010] NSWDC 190

New South Wales District Court

CITATION: Husain Jammal v V & S Tadros [2010] NSWDC 190

02/03/2009 - 05/03/2009 HEARING DATE(S): 23/03/2009 10/08/2009 - 11/08/2009 11/11/2009

JUDGMENT DATE: 30 July 2010

JURISDICTION: Civil

JUDGMENT OF: Nicholson SC DCJ

1.Verdict and judgment for the defendant. 2. Verdict and judgment for the cross-defendant. DECISION: 3. The plaintiff will pay the defendant's costs. 4. The cross-claimant will pay the cross-defendant's costs 5. Leave is given for the parties to apply to my Associate within 21 days for a hearing date to vary any cost order I have made.

CATCHWORDS: Civil Law - Negligence -slip on wet step - Cross Claim against repairer - newly reparied steps and pathway - street to doctor's consulting rooms - exposed to weather - raining - 3 stairs to pathway -slip on middle step - state of repair and maintenance - causation - failure to establish mud on stair as cause - failure to establish defect of construction as cause - expert report - flaws in testing step surface - validity of expert opinion - query whether constructions pre-Building Code caught by Code - failure to establish alleged breaches caused slip -liability of P not established.

LEGISLATION CITED: Evidence Act 1995 Civil Liability Act 2002

Husain Ali Jammal (Plaintiff) PARTIES: V & S Tadros pty Limited (Victor Tadros) (Defendant) V & S Tadros pty Limited (Victor Tadros) (Cross Claimant) Ali Jadid (Cross Defendant)

FILE NUMBER(S): 2007/00294564

Plaintiff:R Hanrahan COUNSEL: Defendant/Cross Plaintiff: D. Cutler Cross Defendant:A Hourigan