Pavlis v Wetherill Park Market Town Pty Ltd [2014] NSWCA 292

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Pavlis v Wetherill Park Market Town Pty Ltd [2014] NSWCA 292 Hearing dates: 15 July 2014 Decision date: 28 August 2014 Before: Basten JA at [1]; Meagher JA at [49]; Leeming JA at [50] Decision: In matter 2012/396652: (1) Dismiss the summons. (2) Order that the costs in this matter be costs in the appeal. In matter 2013/165726: (1) Dismiss the appeal. (2) Dismiss the motion seeking to rely on further evidence. (3) Order that the appellant pay the respondents' costs of the appeal, including the motion, and the summons. In matter 2013/222589: (1) Grant the applicant (Market Town) leave to appeal against the order as to indemnification. (2) Dismiss the appeal. (3) Order that the applicant pay the respondent's costs of the proceeding in this Court. [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: TORT - negligence - breach - plaintiff slipped on wet pavement outside shopping centre - pavement had been recently painted with non-slip paint six months before accident - pavement remained prone to being slippery when wet despite non-slip paint - expert report from plaintiff suggested slip occurred in area not treated with non-slip paint - no evidence or complaint of slipping in the area where plaintiff injured - trial judge held application of non-slip paint a reasonable precaution to foreseeable risk of harm - trial judge did not accept that plaintiff had slipped in area not treated with non-slip paint - whether trial judge erred in not finding the slip occurred in area where non-slip paint had not been applied - whether trial judge erred in finding reasonable precautions had been taken despite pavement remaining prone to being slippery when wet - Civil Liability Act 2002 (NSW), s 5B