Hair v Munro [2013] NSWDC 25

District Court New South Wales

Medium Neutral Citation: Hair v Munro [2013] NSWDC 25 Hearing dates: 26/3/2013 - 28/3/2013 Decision date: 28 March 2013 Jurisdiction: Civil Before: Elkaim SC DCJ Decision: See paragraph 90 Catchwords: Personal injury, identity of the occupier. Legislation Cited: Civil Liability Act 2002 Workers Compensation Act 1987 Cases Cited: Australian Safeway Stores Pty Ltd v Zaluzna (1987) 162 CLR 479 Penrith City Council v Parkes [2004] NSWCA 201 Category: Principal judgment Parties: Margaret Hair (Plaintiff) Emma Munro (First Defendant) Jann Evelyn Dillon (Second Defendant) Harry James Dillon (Third Defendant) Representation: A Lidden SC and P Kintominas (Plaintiff) J Turnbull (First Defendant) N Chen (Second and Third Defendant) Brydens Law Office (Plaintiff) Holman Webb (First Defendant) Kennedys (Australasia) Pty Ltd (Second and Third Defendant) File Number(s): 2011/00039496 Publication restriction: No

Judgment 1On 21 May 2010 the plaintiff fractured the patella of her left knee. She blames the defendants for this injury and seeks damages from them. The defendants deny they are liable to the plaintiff and also say that she was partly to blame for her injury. 2The action is governed by the Civil Liability Act 2002 (the "CLA").

Brief history 3The detail of the plaintiff's history is set out in Exhibit B. She had a varied career following different occupations. She was married from 1978 until about 2005. The marriage produced two sons. 4The plaintiff had a fall in 1990 when she slipped on a rock while crossing a causeway. She suffered a fracture to her left knee cap. It was a hairline fracture not requiring any surgery. She was in plaster for a month. She said that the injury healed quickly and she returned to full flexibility. There is no suggestion in the medical evidence that this injury is of any relevance to the injury which is at the core of this action. 5The plaintiff started working in property management in 2002. She eventually became a property manager at One Stop Property Shop. The role of a property manager is to manage tenancies on behalf of landlords. The role includes inspections before a tenant takes occupation and an inspection when the tenant moves out. From time to time during a tenancy there are periodic inspections. 6In 2008 the plaintiff commenced working as a property manager at Century 21 in Katoomba. One of the properties that came under her management was located at 97 Narrowneck Road, Katoomba. 7When the plaintiff began at Century 21 this property was already under a tenancy pursuant to a lease between the first defendant (Ms Munro as tenant) and the second and third defendants (Mr and Mrs Dillon as the landlords). At the commencement of the tenancy a Condition Report had been prepared by a Ms Joan Heath, the plaintiff's predecessor at Century 21. Ms Heath also performed some periodic inspections (Exhibit D). A similar inspection was carried out later by the plaintiff (Exhibit E).