Jones Lang LaSalle (NSW) Pty Ltd v Taouk [2012] NSWCA 342

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Jones Lang LaSalle (NSW) Pty Ltd v Taouk [2012] NSWCA 342 Hearing dates: 17 April 2012 Decision date: 24 October 2012 Before: McColl JA at [1] Meagher JA at [2] Sackville AJA at [92] Decision: (1) Applicant's summons seeking leave to appeal dismissed. (2) Extend the time for the appellant to file its amended notice of appeal to a date seven days after the date of this order. (3) Direct the appellant to file and serve its amended notice of appeal within seven days of the date of this order. (4) Appellant's amended notice of appeal dismissed. (5) Second respondent's notice of appeal dismissed. (6) Applicant/appellant to pay the first respondent's costs of the summons seeking leave to appeal and of its appeal. (7) Second respondent to pay the first respondent's costs of its appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: NEGLIGENCE - duty of care - plaintiff slipped on grease on surface of car park - escaped from grease trap under control of building manager - content of duty of care owed by car park operator to avoid risk of slipping on car park surface - whether hourly inspections would have prevented accident - grease trap alarm system known to be faulty - content of duty of care owed by building manager - whether regular inspections of grease trap would have prevented accident