Wu v Carter [2009] NSWSC 355

New South Wales Supreme Court

CITATION : Wu v Carter [2009] NSWSC 355 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 23/03/09, 24/03/09

JUDGMENT DATE : 14 May 2009

JURISDICTION : Common Law Division

JUDGMENT OF : Hislop J at 1

(1) Verdict and judgment for the fourth defendant on its cross-claim against the third defendant in the sum of $193,750 and 25% of the plaintiff's costs; DECISION : (2) The third defendant is to pay the fourth defendant's costs of its cross-claim against the third defendant; (3) By consent the proceedings by the plaintiff against the third defendant are dismissed; (4) The third defendant and the fourth defendant are to bear their own costs of the plaintiff's proceedings.

CATCHWORDS : TORTS - negligence - injury to tenant - defect in common property - apportionment of liability between body corporate and lessor's agent.

Law Reform (Miscellaneous Provisions) Act 1946 LEGISLATION CITED : Residential Tenancies Act 1987 Residential Tenancies (Residential Premises) Regulation Strata Schemes Management Act 1996

CATEGORY : Principal judgment

James Hardie & Co Pty Ltd v Roberts (1999) 47 NSWLR 425 CASES CITED : Jones v Bartlett (2000) 205 CLR 166 Sakoua v Williams (2005) 64 NSWLR 588 State of NSW v Watton (1998) NSW Conv R 55-885

Li Na Wu (Plaintiff) Joan Carter (First Defendant) Julie Ann Hohne (Second Defendant) PARTIES : Honer & Dodd United Realty Pty Ltd (Third Defendant) The Owners - Strata Plan No. 6466 (Fourth Defendant) Strata Owners Services Pty Ltd (Fifth Defendant)