NSW Caselaw
New South Wales District Court
CITATION: O'Rourke v Johnston [2009] NSWDC 317
HEARING DATE(S): 6, 7, 8, 9 and 12 October 2009
JUDGMENT DATE: 28 October 2009
JURISDICTION: Civil Jurisdiction
JUDGMENT OF: Johnstone DCJ
1. Judgment for the defendants 2. The plaintiff is to pay the defendants' costs DECISION: 3. Judgment for the cross-defendants 4. The cross-claimants are to pay the costs of the respective cross-defendants 5. Leave to apply in relation to costs orders, within 7 days
CATCHWORDS: TORTS - claim by a tenant against his landlords and their managing agent for injuries received on the rented premises - whether a duty of care arose - whether any duty of care was breached - causation - contributory negligence - DAMAGES - non-economic loss - past and future medical expenses - economic loss - domestic care and assistance - other costs and expenses
LEGISLATION CITED: Civil Liability Act 2002 Residential Tenancies Act 1987
Erect Safe Scaffolding (Australia) Pty Limited v Sutton [2008] NSWCA 114 Lever v Goldsby [1964-5] NSWR 1833 CASES CITED: Northern Sandblasting Pty Ltd v Harris [1997} HCA 39; (1997) 188 CLR 313 Podrebersek v Australian Iron & Steel Pty Limited [1985] HCA 34 Sweeney v Boylan Nominees Pty Ltd [2006] HCA 19
Patrick James O'Rourke (Plaintiff) PARTIES: Craig Johnston (First Defendant) Melodie Vesna Johnston (Second Defendant) Dowling Real Estate (Wallsend) Pty Ltd (Third Defendant)
FILE NUMBER(S): 2986/08
Mr G Walsh (Plaintiff) COUNSEL: Mr J Stewart (First and Second Defendants) Mr N Chen (Third Defendant)
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