Glad Retail Cleaning Pty Ltd v Alvarenga [2013] NSWCA 482

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Glad Retail Cleaning Pty Ltd v Alvarenga [2013] NSWCA 482 Hearing dates: 11 December 2013 Decision date: 24 December 2013 Before: Barrett JA at [1] Gleeson JA at [2] Sackville AJA at [3] Decision: 1. Dismiss the motion filed by the second respondent ("Mirvac") on 28 August 2013 seeking an extension of time for the filing of a notice of appeal. 2. Order Mirvac to pay the costs of the appellant ("Glad Cleaning") and the first respondent ("the Plaintiff") of the motion. 3. Dismiss Glad Cleaning's appeal. 4. Order Glad Cleaning to pay the costs of the Plaintiff and of Mirvac of the 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: TORTS - negligence - personal injury - plaintiff injured by slipping on travelator after stepping on floor which had been mopped immediately beforehand - whether risk "obvious" within meaning of Civil Liability Act 2002, s 5F - whether cleaner negligent in mopping relevant area during opening hours - whether occupier of premises should be granted an extension of time to file a notice of appeal - whether plaintiff would be irremediably prejudiced by grant of extension of time due to operation of Workers Compensation Act 1987, s 151Z Legislation Cited: Civil Liability Act 2002, ss 5B - 5D, 5F- 5I, 5L, 22 Motor Accidents Act 1988, s 81 Workers Compensation Act 1987, s 151Z