Libra Collaroy Pty Ltd v Bhide [2017] NSWCA 196

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Libra Collaroy Pty Ltd v Bhide [2017] NSWCA 196 Hearing dates: 31 August 2016, Final written submissions 12 September 2016 Decision date: 04 August 2017 Before: McColl JA at [1]; Meagher JA at [304]; Ward JA at [305] Decision: See paragraph 303 Catchwords: NEGLIGENCE – duty of care – leased premises – collapse of balcony causing personal injury to plaintiffs – where agent managing property negligent – landlord's duty of care – whether landlord also breached duty of care

NEGLIGENCE – duty of care – leased premises – collapse of balcony causing personal injury to plaintiffs – where agent managing property negligent – tenant's duty of care – whether tenant also breached duty of care

TORTS – negligence – occupier's liability – whether owner of residential premises effectively delegated to managing agent its duty of care as occupier of common property

NEGLIGENCE – whether Civil Liability Act 2002 (NSW), s 5B principles considered and applied

CONTRACT – contractual indemnity – breach of implied term to exercise reasonable care and skill pursuant to management agreement between managing agent and owners – whether owners entitled to contractual indemnity from managing agent for liability to tenant for breach of contractual obligation to keep premises in repair and for liability to injured plaintiffs for breach of duty of care – whether entitlement to contractual indemnity reduced due to owners' contributory negligence – Law Reform (Miscellaneous Provisions) Act 1965 (NSW), s 9

NEGLIGENCE – claim for contribution – whether owner liable to contribute as joint tortfeasor to managing agent's liability to plaintiffs – where tortfeasor seeking to recover contribution from person entitled to be indemnified by it in respect of liability in respect of which contribution is sought – Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 5