Vasilikopoulos v New South Wales Department of Housing [2009] NSWDC 114

New South Wales District Court

CITATION: Vasilikopoulos v New South Wales Department of Housing [2009] NSWDC 114

HEARING DATE(S): 6, 7 and 8 May 2009

JUDGMENT DATE: 5 June 2009

JURISDICTION: Civil

JUDGMENT OF: Hungerford ADCJ

DECISION: Verdict for the defendant against the plaintiff; parties to be heard on costs before final orders are made.

CATCHWORDS: TORTS - Negligence - Personal injury - Rented residential premises - Injury to member of tenant's household - Fall in bathroom - Unsuitability of bathroom faciltities due to resultant condition from two total knee replacements - Liability of landlord - Whether a relevant duty of care and breach thereof - Duty limited to remedying defects in the premises - Whether a conventional bathroom can be a dangerous defect - Contributory negligence - Assessment of damges

Civil Liability Act 2002, ss 15(2), 15(3) and 16(1) LEGISLATION CITED: Housing Act 2001 Residential Tenancies Act 1987

Australian Safeway Stores Pty Ltd v Zaluzna (1987) 162 CLR 479 Bankstown Foundry Pty Ltd v Braistina (1986) 160 CLR 301 Bryant v New South Wales Department of Housing [2007] NSWDC 208 Cavalier v Pope [1906] AC 428 Donoghue v Stevenson [1932] AC 562 CASES CITED: Gray v Queensland Housing Commission [2004] QSC 276 Indermaur v Dames (1866) LR 1 CP 274 Jones v Bartlett (2000) 205 CLR 166 Le Lievre v Gould [1893] 1 QB 491 Northern Sandblasting Pty Ltd v Harris (1997) 188 CLR 313 Parker v South Australian Housing Trust (1986) 41 SASR 493 Roads and Traffic Authority v McGregor [2005] NSWCA 388