Kalache v Secureclean Pty Ltd (No 2) [2019] NSWDC 717

District Court New South Wales

Medium Neutral Citation: Kalache v Secureclean Pty Ltd (No 2) [2019] NSWDC 717 Hearing dates: 14-16 August, 10 September, 21-22 October 2019 Date of orders: 23 October 2019 Decision date: 23 October 2019 Jurisdiction: Civil Before: Neilson DCJ Decision: Verdict and judgment for the second defendant against the plaintiff Catchwords: TORTS. NEGLIGENCE. PERSONAL INJURY DAMAGES CLAIM.

Plaintiff slipped and fell in a shopping mall. Action against cleaning contractors of common areas of the mall. After review of CCTV footage of incident and of prior traffic in area of the mall where fall occurred, of evidence of security guard and of cleaner, and of histories given to doctors etc, found not satisfied that there was any liquid on floor of mall as claimed by plaintiff. Category: Principal judgment Parties: Klaudette Kalache (Plaintiff)

Secureclean Pty Ltd (Second Defendant) Representation: Counsel:

R. Lynch (Plaintiff)

O. Dinkha (Second Defendant)

Solicitors:

Gerard Malouf and Partner (Plaintiff)

HBA Legal (Second Defendant) File Number(s): 2017/00220928 Publication restriction: Nil.

Judgement 1. HIS HONOUR: The plaintiff Mrs Klaudette Kalache brings an action in the tort of negligence for damages for personal injury which she alleges she sustained on 14 June 2016. That day was a Tuesday. It is common ground that on that day the plaintiff went to the shopping mall known as Stockland at Wetherill Park to do some shopping. In a common area of that shopping mall she fell and fractured bones in her right ankle. There is no dispute about that. The reason for the fall is hotly disputed. The liability of the defendant is hotly disputed. The sequelae of the fall are also hotly disputed.