Soma-Devan v SCentre Shopping Centre Management Pty Ltd t/as Westfield Hurstville [2020] NSWSC 125

Supreme Court New South Wales

Medium Neutral Citation: Soma-Devan v SCentre Shopping Centre Management Pty Ltd t/as Westfield Hurstville [2020] NSWSC 125 Hearing dates: 24 February 2020 Date of orders: 25 February 2020 Decision date: 25 February 2020 Jurisdiction: Common Law Before: Harrison J Decision: (1) Order that the plaintiff be permitted to inspect the first defendant's premises known or described as Westfield Hurstville together with her expert witness and legal representative at such time and on such date as the parties are able conveniently to arrange. (2) Order the first defendant to pay the plaintiff's costs of and incidental to her notice of motion dated 25 November 2019. (3) Grant leave to the plaintiff to file a second amended statement of claim in the form of the document being annexure "C" to the affidavit of Paul Anthony Curtis sworn 4 February 2020. (4) Order the plaintiff to pay the costs of the first defendant and the third defendant thrown away or occasioned by the plaintiff's decision to amend. Catchwords: INSPECTION OF PROPERTY – where plaintiff alleges she slipped on floor of shopping centre – whether plaintiff entitled to inspect premises where she fell and was injured – whether issue of the condition of the floor and whether it was slippery are sufficiently raised on the pleadings as to entitle the plaintiff to the inspection order that she seeks Legislation Cited: Uniform Civil Procedure Rules 2005 Category: Procedural and other rulings Parties: Prashadhinee Soma-Devan (Plaintiff) SCentre Shopping Centre Management Pty Ltd t/as Westfield Hurstville (First Defendant) Ezko Property Service (Aust) Retail Pty Ltd (Third Defendant) Representation: Counsel: M McAuley (Plaintiff) D Talintyre (First Defendant)