Alzawy v CPT Custodian Pty Ltd [2009] NSWDC 304

New South Wales District Court

CITATION: Alzawy v CPT Custodian Pty Ltd [2009] NSWDC 304 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 1, 2 and 3 September 2009

JUDGMENT DATE: 30 October 2009

JURISDICTION: Civil

JUDGMENT OF: Hungerford ADCJ

(1) Verdict and judgment for the first defendant against the plaintiff on the action. (2) Verdict and judgment for the second defendant against the plaintiff on the action. DECISION: (3) Cross-claim by the first defendant against the second defendant is dismissed. (4) Plaintiff to pay the first defendant's costs of the action to 7 January 2009 on the ordinary basis and thereafter from 8 January 2009 on an indemnity basis. (5) Plaintiff to pay the second defendant's costs of the action to 28 August 2009 on the ordinary basis and thereafter from 29 August 2009 on an indemnity basis. (6) Each party to bear its own costs of the cross-claim.

CATCHWORDS: TORTS - Negligence - Injuries from a fall caused by slipping on liquid at a shopping centre - Duty of care of occupier and cleaning contractor - Nature and scope of duty - Whether duty of care breached - System of cleaning spillages - Whether casual act of negligence - Contributory negligence - Effect of pre-existing medical condition - Quatum of damages

LEGISLATION CITED: Civil Liability Act 2002, ss 15(3) and 16(2) Law Reform (Miscellaneous Provisions) Act 1946, s 5(1)(c)

Allcorp Cleaning Services Pty Ltd v Fairweather [1998] NSWCA 12 Australian Safeway Stores Pty Ltd v Zaluzna [1987] HCA 7; (1987) 162 CLR 479 Bevillesta Pty Ltd v Liberty International Insurance Co [2009] NSWCA 16 Brady v Girvan Bros Pty Ltd t/as Minto Mall (1986) 7 NSWLR 241 Cairns v Woolworths Ltd [2005] ACTSC 95 CASES CITED: Hackshaw v Shaw [1984] HCA 84; (1984) 155 CLR 614 Jones v Dunkel (1959) 101 CLR 298 P & H Property Service Pty Ltd v Branigan [2008] NSWCA 195 Shoeys Pty Ltd v Allan [1991] Aust Tort Reports 81-104 Transfield Services (Australia) v Hall [2008] NSWCA 294 Wynn Tressidea Management v Barkho [2009] NSWCA 149