Shvarts v Scentre Shopping Management Pty Ltd and Anor [2018] NSWDC 154

District Court New South Wales

Medium Neutral Citation: Shvarts v Scentre Shopping Management Pty Ltd and Anor [2018] NSWDC 154 Hearing dates: 17, 18, 19 and 20 April 2018 Date of orders: 04 May 2018 Decision date: 04 May 2018 Jurisdiction: Civil Before: Cowdroy QC ADCJ Decision: Judgment entered for the plaintiff in an amount to be calculated by the parties and submitted by way of an agreed Consent Order to be filed with the Registrar

In respect of the liability of the first and second defendant, the Court enters judgment for the first defendant in respect of the claim made against it by the plaintiff.

The costs of the claim by the plaintiff against the second defendant be paid by the second defendant, and that the costs of the claim by the plaintiff against the first defendant be paid by the second defendant

The second defendant is liable to meet the costs of the plaintiff on an indemnity basis on and from 22 March 2018 Catchwords: TORTS – Negligence – personal injury – allegation of breach of duty of care – slip and fall injury at a shopping centre – right knee and back injury – pre-existing ankylosing spondylitis - whether second defendant breached terms of agreement in relation to cleaning services – liability between each defendant - liability in relation to the plaintiff denied by each defendant

DAMAGES – General Principles Legislation Cited: Civil Liability Act 2002 Cases Cited: Mamo v Surace (2014) 86 NSWLR 275

Modbury Triangle Shopping Centre Pty Ltd v Anzil [2009] NSWCA 364

Stojan (No 9) Pty Ltd v Kenway [2009] NSWCA 364 Caledonian Collieries v Speirs [1957] HCA 14