Dwight v Supljeglav [2015] NSWDC 26

District Court New South Wales

Medium Neutral Citation: Dwight v Supljeglav [2015] NSWDC 26 Hearing dates: 12,13 and 21 November 2014 Decision date: 20 February 2015 Jurisdiction: Civil Before: Hatzistergos DCJ Decision: Verdict and Judgment for the Plaintiff Catchwords: TORT – negligence – personal injury – duty of care – duty of care owed by landlord – obvious risk – contributory negligence – damages Legislation Cited: Civil Liability Act 2002 (WA) ss 5B, 5K ,9 and 12 Occupier's Liability Act 1985 (WA) ss 5 and 9 Residential Tenancies Act 1987 (WA) s 42 Cases Cited: Baker v Gilbert [2003] NSWCA 113 Bevillesta Pty Limited v Liberty International Insurance Co [2009] NSWCA 16 Carey v Lake Macquarie City Council [2007] NSWCA 4 Department of Housing and Works v Smith (No 2) (2010) 265 ALR 490 Jones v Bartlett (2000) 207 CLR 166 Laresu Pty Limited v Clark [2010] NSWCA 180 Vairy v Wyong Shire Council (2005) 223 CLR 422 Category: Principal judgment Parties: Robyn Dwight (Plaintiff) Milos Supljeglav (Defendant) Representation: Counsel: R Royle (Plaintiff) S Torrington (Defendant)

Solicitors: Stacks Goudkamp (Plaintiff) Sparke Helmore (Defendant) File Number(s): 2013/00187439

INDEX The Accident – paragraph 2 What Time did the Accident Occur – paragraph 8 What were the Arrangements with the Landlord – paragraph 19 Were the Lights working at the Time of the Accident – paragraph 22 Duty of Care – paragraph 53 Breach of Duty – paragraph 63 The Risk Was Foreseeable – paragraph 64The Risk Was Not Insignificant – paragraph 67 In the Circumstances, would a Reasonable Person in the Person's Position have taken those Precautions – paragraph 69 Social Utility – paragraph 70 Delegation of Duty – paragraph 72 Obvious Risk – paragraph 82 Causation – paragraph 85 Contributory Negligence – paragraph 87 Damages – paragraph 88 Out of Pocket Expenses – paragraph 107 Non-Economic Loss – paragraph 113 Economic Loss – paragraph 114 Summary of Damages – paragraph 121