NSW Caselaw
New South Wales Court of Appeal
CITATION: Arabi v Glad Cleaning Service Pty Limited [2010] NSWCA 208
HEARING DATE(S): 4 August 2010
JUDGMENT DATE: 23 August 2010
JUDGMENT OF: Hodgson JA at 1; Sackville AJA at 2; Harrison J at 63
DECISION: (1) Appeal dismissed. (2) Appellant to pay the respondents' costs of the appeal.
CATCHWORDS: NEGLIGENCE- breach of duty – appellant slipped on ramp at shopping centre – whether any error in primary Judge's conclusion that breach of duty not established.
LEGISLATION CITED: Civil Liability Act 2002, s 5B
CATEGORY: Principal judgment
Australian Safeway Stores Pty Ltd v Zaluzna [1987] HCA 7; 162 CLR 479 Brady v Girvan Bros Pty Ltd (1986) 7 NSWLR 241 Dean v Stockland Property Management Pty Ltd [2010] NSWCA 66 Hunter v Transport Accident Commission [2005] VSCA 1 CASES CITED: Kocis v SE Dickens Pty Ltd [1998] 3 VR 408 Laresu Pty Ltd v Clark [2010] NSWCA 180 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Roads and Traffic Authority of New South Wales v Dederer [2007] HCA 42; 234 CLR 330 Rose v Abbey Orchard Property Investments Pty Ltd [1987] Aust Torts Rep 80-121 Shoeys Pty Ltd v Allan [1991] Aust Torts Rep 81-104
Taleb Arabi (Appellant) PARTIES: Glad Cleaning Service Pty Limited (First Respondent) CPT Custodian Pty Limited (Second Respondent)
FILE NUMBER(S): CA 2009/298450
COUNSEL: S Norton SC/M Fraser (Appellant) J E Maconachie QC/ J Sleight (Respondent)
Brydens Law Office (Appellant) SOLICITORS: Wotton and Kearney (First Respondent) Thompson Cooper Lawyers (Second Respondent)
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