Stambolziovski v Nestorovic (No 2) [2014] NSWDC 292

District Court New South Wales

Medium Neutral Citation: Stambolziovski v Nestorovic (No 2) [2014] NSWDC 292 Hearing dates: 18-22, 25 August; 15-19, 26 September 2014 Decision date: 30 September 2014 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Judgment in favour of the defendants against the plaintiff. (2) Plaintiff to pay the first defendant's costs of the proceedings. (3) Plaintiff to pay the second defendant's costs of the proceedings, those costs not to include any compensation for time spent by Carmelo or Margherita Dimarti in preparing and defending this case. (4) All cross-claims dismissed with no order as to costs. (5) I defer entry of any order in respect of costs for 14 days and thereafter until further order in the event that any party seeks to argue that a different costs order should be made. Catchwords: TORT - negligence - landlord - tenant - real estate agent - breach of duty of care - failure to fix leaking toilet - tenant fell Legislation Cited: Civil Liability Act 2002, s 5B, s 5D Cases Cited: Cachia v Hanes [1994] HCA 14; (1994) 179 CLR 403 Everett v Neale [2012] NSWDC 73 Mason v Demasi [2009] NSWCA 227 Category: Principal judgment Parties: Blaga Stambolziovski (plaintiff) Lilly Nestorovic (first defendant/cross-claimant to second cross-claim) Camanaro Prestige Properties Pty Limited ACN 101 515 744 t/as Sydneyhome Real Estate Ramsgate Beach (second defendant) Sasha Stambolziovski (cross-defendant to second cross-claim) Representation: Counsel: Mr M Daley (plaintiff) Mr S C Ipp (first defendant/cross-claimant to second cross-claim)