Fawzi El-Saiedy v New South Wales Land & Housing Corporation [2011] NSWSC 820

Supreme Court New South Wales

Medium Neutral Citation: Fawzi El-Saiedy v New South Wales Land & Housing Corporation [2011] NSWSC 820 Hearing dates: 27, 28 and 29 June 2011 Decision date: 09 August 2011 Jurisdiction: Common Law Before: Harrison As J Decision: 1. The defendant is to pay the plaintiff the sum of $4000. 2. Costs are reserved. 3. The matter is stood over for hearing on 1 September 2011 at 10.00 am. Catchwords: REMEDIES - repairs - pursuant to a residential tenancy agreement plaintiff as lessee sought to make defendant as lessor carry out the work on rented premises to remove and replace all the asbestos cement wall linings DAMAGES - contract - remoteness - whether plaintiff could seek damages for discomfort and loss of enjoyment of home life. Legislation Cited: Civil Liability Act 2002 Residential Tenancies Act 1987 Occupational Health and Safety Act 2000 Occupational Health and Safety Regulations 2001 Cases Cited: Baltic Shipping Company v Dillon [1993] HCA 4 Barton v Lantsbery [2004] VCAT 926 Celermajer Holdings Pty Ltd v Kopas [2011] NSWSC 40 Hadley v Baxendale (1854) 2 CLR 517; [1843-60] All ER Rep 461; (1854) 156 ER 145 Hamlin v Great Northern Railway Co (1856) 26 LJ Ex 20 Musumeci v Winadell Pty Ltd (1994) 34 NSWLR 723 Nolan v MBF Investments Pty Ltd (No 3) [2009] VSC 457 Spathis v Hanave Investment Co Pty Ltd [2002] NSWSC 304 Texts Cited: The Code of Practice and Management and Control of Asbestos in the Workplace NOHSC 2018 (2005) Working with Asbestos Guide 2008 Category: Principal judgment Parties: Fawzi El-Saeidy (Plaintiff) New South Wales Land and Housing Corporation (Defendant) Representation: D Hawkins (Plaintiff) M Barko (Defendant) JK Solicitors (Plaintiff) McCabe Terrill (Defendant) File Number(s): 2009/294748