NSW Caselaw
Reported Decision : 64 NSWLR 588
New South Wales Court of Appeal
CITATION: SAKOUA & ANOR v WILLIAMS [2005] NSWCA 405
HEARING DATE(S): 15 August 2005
JUDGMENT DATE: 23 November 2005
JUDGMENT OF: Mason P at 1; Beazley JA at 37; Brownie AJA at 68
DECISION: Appeal upheld. Verdict for the defendants.
CATCHWORDS: NEGLIGENCE – lessor's duty of care to incoming tenant – residential premises – unsafe steps – content of duty of care – whether duty to put and keep the premises in a state of safe repair – whether duty to take reasonable care to avoid foreseeable risk of injury – dangerous defect – good building practice at time of construction – safety standards at time of tenancy agreement – obvious danger. (D)
Tina Cockburn, "Duty of Care of Landlords of Residential Premises" (2001) 20 U Tas LR 205 Sharon Erbacher, "Unsafe leased residential premises: A landlord's liability in negligence to injured occupants" (2002) 13 ILJ 134 Ahluwalia v Robinson [2003] NSWCA 175 Australian Safeway Stores Pty Ltd v Zaluzna (1987) 162 CLR 479 CASES CITED: Francis v Lewis [2003] NSWCA 152 Jones v Bartlett (2000) 205 CLR 166, [2000] HCA 56 Ridis v Strata Plan 10308 [2005] NSWCA 246 Voli v. Inglewood Shire Council (1963) 110 CLR 74
Raymond SAKOUA & ANOR PARTIES: Maxine WILLIAMS
FILE NUMBER(S): CA 40915/04
Appellants: In person COUNSEL: Respondent: J Conomos
Appellants: None on record SOLICITORS: Respondent: Lyons & Lyons
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 4135/2002
LOWER COURT JUDICIAL OFFICER: Patten DCJ
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