NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Hart v Veloce Expresso Pty Ltd (t/as Azucar Café) [2019] NSWDC 251 Hearing dates: 19, 20, 21 February and 5 April 2019 Date of orders: 14 June 2019 Decision date: 14 June 2019 Jurisdiction: Civil Before: Smith SC DCJ Decision: Verdict for the first defendant. Plaintiff to pay the first defendant's costs. Catchwords: PERSONAL INJURY – slip and fall – public thoroughfare – water hazard – first defendant's responsibility in respect of thoroughfare – contributory negligence Legislation Cited: Civil Liability Act 2002 (NSW), ss 5B, 5H, 15 Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 5 Occupational Health & Safety Act 2000 (NSW), repealed Work Health & Safety Act 2011 (NSW), ss 19, 20, 32 Work Health & Safety Regulation 2011 (NSW), regs 34, 35, 78, pt 3.1 Cases Cited: Adeels Palace Pty Ltd v Moubarak (2009) 239 CLR 420 James Hardie & Co Pty Ltd v Wyong Shire Council (2000) 48 NSWLR 679; [2000] NSWCA 107 Miller v Galderisi [2009] NSWCA 353 Category: Principal judgment Parties: Julie Hart, plaintiff Veloce Expresso Pty Ltd (t/as Azucar Café), first defendant Assetlink Services Pty Ltd, second defendant Representation: Counsel: Mr J Rowe for the plaintiff Mr D Hanna for the defendant
Solicitors: LHD Lawyers for the plaintiff Mills Oakley Lawyers for the defendant File Number(s): 2017/00064861 Publication restriction: Not restricted
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