Awad v ISPT Pty Limited & Jones Lang LaSalle (NSW) Pty Limited & Glad Cleaning Services Pty Limited (No 1) [2015] NSWDC 329

District Court New South Wales

Medium Neutral Citation: Awad v ISPT Pty Limited & Jones Lang LaSalle (NSW) Pty Limited & Glad Cleaning Services Pty Limited (No 1) [2015] NSWDC 329 Hearing dates: 27 October 2015 Date of orders: 27 October 2015 Decision date: 27 October 2015 Jurisdiction: Civil Before: Neilson DCJ Decision: Judgment for the Plaintiff against the 2nd and 3rd Defendants for $32,512.

Judgment for the 1st Defendant against the Plaintiff.

Judgment for the 1st Cross-claimant against the 1st Cross-defendant for $21,675.

1st Cross-defendant to pay costs of 1st Cross-claimant of that Cross-claim.

Judgment for 2nd Cross-claimant against the 2nd Cross-defendant for the sum of:

a. the costs of the Plaintiff's case against the 1st Defendant/2nd Cross-claimant; and, b. the costs of prosecuting the 2nd Cross-claim

both such sets of costs to be quantified on a solicitor/client basis.

Judgment for the 3rd Cross-claimant against the 3rd Cross-defendant for the sum of:

a. the costs of the Plaintiff's case against the 1st Defendant/3rd Cross-claimant; and, b. the costs of prosecuting the 3rd Cross-claim

both such sets of costs to be quantified on a solicitor/client basis. Catchwords: TORTS – Negligence – Claim for personal injury damages – Slip and fall on wet floor of shopping mall – Water leaking through ceiling – Who was liable: owner, managing agent and/or cleaning company? – Contractual obligations – Whether owner wholly delegated its obligations to managing agent – Who was the occupier? Proportionate liability between tortfeasors – Consdieration of expertise. Legislation Cited: Civil Liability Act 2002 Law Reform (Miscellaneous Provisions) Act 1946 Cases Cited: Bevillesta Pty Limited v Liberty International Insurance Co [2009] NSWCA 16 Fabre v Lui [2015] NSWCA 157 Kyabram Property Investments Pty Limited v Murray and Anor [2005] NSWCA 87 Laresu Pty Limited v Clark [2010] NSWCA 180 Rail Corporation New South Wales v Fluor Australia Pty Limited & Anor [2008] NSWSC 1348 Switzer v Becker (1976) 75 DLR (3d) 649, Trident General Insurance Co Limited v McNiece Bros Pty Limited [1988] HCA 38; (1988) 165 CLR 107 Texts Cited: Dr John Fleming, The Law of Torts, (9th ed 1998, Thomson Reuters) Category: Principal judgment Parties: Maryam Awad (Plaintiff) ISPT Pty Limited (First defendant) Jones Lang LaSalle (NSW) Pty Limited (Second defendant) Glad Cleaning Services Pty Limited (Third defendant) Representation: Counsel: Mr F Austin (Plaintiff) Mr J Gracie (First defendant) Mr C Purdy (Second defendant) Mr A Oag (Third defendant)