Taylor Woodrow Property Co of Australia Pty Ltd v Coles Myer Ltd & Anor [1999] NSWCA 204

Reported Decision : (1999) NSW ConvR 55-912

New South Wales Court of Appeal CITATION : Taylor Woodrow Property Co of Australia Pty Ltd v Coles Myer Ltd & Anor [1999] NSWCA 204 FILE NUMBER(S) : CA 40503/97 HEARING DATE(S) : 11 June 1999 JUDGMENT DATE : 25 June 1999

PARTIES : Taylor Woodrow Property Co of Australia Pty Ltd v Coles Myer Ltd & Anor JUDGMENT OF : Mason P at 1; Giles JA at 2; Brownie AJA at 51

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : DC 41/93 (Bathurst) LOWER COURT JUDICIAL OFFICER : Dent DCJ

COUNSEL : Appellant - B Walker SC & J Neil Respondents - P Garling SC & P J O'Connor SOLICITORS : Appellant - Barker Gosling Respondents - Windeyer Dibbs CATCHWORDS : NEGLIGENCE - shopping centre - tenant conducts store - water entering through roof - customer slips - landlord owes duty of care to customer - whether breach of duty - balancing exercise in Wyong Shire Council v Shirt - on facts, not required to go to extraordinary expense of a system intended to detect and rectify source of water entry prior to entry of water - again on facts, not shown that system would have prevented the particular water entry. LEASE - shopping centre - tenant conducts store - landlord covenants to keep roof weatherproof - water entering through roof - water from cooling tower not rain - whether breach of covenant - on facts, water entry meant roof not weatherproof - was breach of covenant - fact water from cooling tower was part of causation of loss to tenant when customer slipped in water and sued tenant. LEASE - release and indemnity provisions - whether tenant indemnified landlord for tenant's claim against landlord for breach of covenant by landlord - badly drawn provisions - not to be so construed. DECISION : Appeal dismissed with costs.