Alvarenga v Mirvac Real Estate Pty Ltd & Anor [2013] NSWDC 26

District Court New South Wales

Medium Neutral Citation: Alvarenga v Mirvac Real Estate Pty Ltd & Anor [2013] NSWDC 26 Hearing dates: 18/03/2013 - 21/03/2013 Decision date: 28 March 2013 Jurisdiction: Civil Before: Elkaim SC DCJ Decision: See paragraphs 127-130 Catchwords: Personal injury, cleaning system, delegation of duty to cleaner. Legislation Cited: Civil Liability Act 2002 Law Reform (Miscellaneous Provisions) Act 1946. Cases Cited: Australian Safeway Stores Pty Ltd v Zaluzna (1987) 162 CLR 479 Bevillesta Pty Ltd v Liberty International Insurance Co [2009] NSWCA 16 C G Maloney Pty Ltd v Hutton-Potts and Another [2006] NSWCA 136 Container Terminals Australia Ltd v Huseyin [2008] NSWCA 320 Mason v Demasi [2009] NSWCA 227 Category: Principal judgment Parties: Carolina Alvarenga (Plaintiff) Mirvac Real Estate Pty Ltd (First Defendant) Glad Retail Cleaning Pty Ltd (Second Defendant) Representation: G J Parker SC and J de Greenlaw (Plaintiff) W S Reynolds (First Defendant) D Priestley (Second Defendant) Gerard Malouf & Partners (Plaintiff) Thompson Cooper Lawyers (First Defendant) McCabes Lawyers Pty Ltd (Second Defendant) File Number(s): 2010/00353197 Publication restriction: No

Judgment 1The plaintiff was born in 1972. She is a married lady with three children. In June 2007 she began to work for Woolworths in the Chester Square Shopping Centre as a General Services Assistant. 2On 25 July 2008, at about 7.20am, she slipped on a travelator in the shopping centre and was injured. She blames the defendants for her injuries and by this action she seeks damages from them. 3The first defendant was the manager of the shopping centre. The second defendant provided cleaning services. 4The action is governed by the Civil Liability Act 2002 (the "CLA"). The plaintiff claims damages under the following heads: non-economic loss, past and future economic loss, past and future medical expenses and past and future domestic assistance. 5The defendants deny liability to the plaintiff but if they are liable, they seek indemnity and contribution from each other and also allege contributory negligence against the plaintiff. The defendants particularly rely on Sections 5B, 5D, 5H and 5R of the CLA in their Defences and allegations of contributory negligence.