Vasilikopoulos v New South Wales Land and Housing Corporation [2010] NSWCA 91

New South Wales Court of Appeal

CITATION: Vasilikopoulos v New South Wales Land and Housing Corporation [2010] NSWCA 91

HEARING DATE(S): 22 April 2010 JUDGMENT OF: Young JA at [1], [44]; Handley AJA at [36]; Sackville AJA at [37]

EX TEMPORE JUDGMENT DATE: 22 April 2010

DECISION: 1. Direct that the name of the respondent be corrected to New South Wales Land and Housing Corporation. 2. Appeal dismissed with costs.

CATCHWORDS: TORTS- negligence- duty of care- rental premises- injury to tenant's wife- whether landlord liable for fall in bathroom- plaintiff informed landlord of problem in showering as a result of her knee replacements- landlord said it would fix the matter- before this happened plaintiff fell- Held landlord did not owe a duty merely because suitable premises had become unsuitable by reason of the deteriorating physical condition of an occupant- further, pleadings did not rely on special duty of a public housing authority to the spouse of its tenant.

LEGISLATION CITED: Housing Act 2001, s 5

CATEGORY: Principal judgment

CASES CITED: New South Wales Department of Housing v Hume bhnf Donna Hume [2007] NSWCA 69

PARTIES: Betty Vasilikopoulos (Appellant) New South Wales Land and Housing Corporation (Respondent)

FILE NUMBER(S): CA 2009/298306

COUNSEL: S Norton SC and P Khandar (Appellant) M L Williams SC (Respondent)

SOLICITORS: Brydens Law Office (Appellant) Deacons (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): DC 3084/08

LOWER COURT JUDICIAL OFFICER: Hungerford ADCJ

LOWER COURT DATE OF DECISION: 5 June 2009