Hourani v Siemsen Group P/L, Censeo P/L and Nidus Inspection Services P/L [2012] NSWDC 203

District Court New South Wales

Medium Neutral Citation: Hourani v Siemsen Group P/L, Censeo P/L and Nidus Inspection Services P/L [2012] NSWDC 203 Hearing dates: 24, 25 and 27 September 2012 Decision date: 06 November 2012 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1.Verdict and judgment for the defendants; 2.The plaintiff is to pay the defendants' costs of the proceedings; 3.The exhibits may be returned; 4.Liberty to apply on 7 days notice if further orders are required. [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: TORTS - negligence - whether claimed duties of care by insurer's sub-contractors arise - whether sub-contractors to a home and contents insurer should be held liable to the plaintiff for damages for personal injury when plaintiff slipped on a wet floor in her storm affected home due to ingress of rainwater - alleged inadequate assessment and delayed repair of insured premises by insurer's sub-contractors - causation - whether injury due to obvious risk - contributory negligence: DAMAGES - assessment of claimed heads of damage Legislation Cited: Civil Liability Act 2002, s 5B, s 5F, s 5G, s 5H, s 5I Limitation Act 1969, s 50C Cases Cited: Al Mousawy v Howitt-Stevens Constructions Pty Ltd [2010] NSWSC 122 Caltex Refineries (Qld) Pty Ltd v Stavar [2009] NSWCA 258; (2009) 75 NSWLR 649 Hourani v Insurance Australia Group Pty Ltd [2012] NSWDC 202 Makawe Pty Ltd v Randwick City Council [2009] NSWCA 412; (2009) 171 LGERA 165 Modbury Triangle Shopping Centre Pty Ltd v Anzil [2000] HCA 61; 205 CLR 254 State of New South Wales v Gillett [2012] NSWCA 83 Vairy v Wyong Shire Council [2005] HCA 62; (2005) 223 CLR 442 Water Board v Moustakas [1988] HCA 12; (1988) 180 CLR 491 Category: Principal judgment Parties: Angela Hourani (Plaintiff) Siemsen Group Pty Limited (First defendant) Censeo Pty Limited (Second defendant) Nidus Inspection Services Pty Limited (Third defendant) Representation: Mr A Lidden SC with Ms M Fraser (Plaintiff) Mr M McCulloch SC (First defendant) Ms L Chan (Second and third defendants) Brydens (Plaintiff) HWL Ebsworth (First defendant) Colin Biggers & Paisley (Second and third defendants) File Number(s): 2011/145387 Publication restriction: None