Ahluwalia v Robinson

The appellants, Ahluwalia, were the landlords of a residential property, and the respondent, Robinson, was a guest of the tenant. Robinson sustained injuries when a glass shower screen in the property shattered. The dispute concerned whether the landlords owed a duty of care to Robinson and, if so, whether they had breached that duty, leading to Robinson's injuries. The matter was heard in the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the landlords owed a duty of care to a guest of their tenant to ensure the safety of the premises, and specifically, whether they should have installed safety glass in the shower screen or taken other steps to mitigate the risk of injury from its shattering. The court also considered whether the landlords' knowledge of prior issues with the property's electrical wiring, plumbing, and drainage, and their failure to commission an expert report on the overall safety of the premises, were relevant to establishing a breach of duty.

The Court of Appeal allowed the appeal, setting aside the judgment of the court below. The court found that the landlords had not breached any duty of care owed to the respondent. The reasoning focused on the fact that there was no evidence to suggest the landlords knew or ought to have known that the shower screen posed a particular risk of shattering or causing injury. The prior issues with wiring, plumbing, and drainage, while relevant to the general maintenance of the property, were not considered to be indicative of a foreseeable risk associated with the shower screen itself, nor did they necessitate a general expert safety inspection that would have revealed the alleged defect.

Consequently, the Court of Appeal ordered that the judgment in favour of the respondent be set aside and entered judgment for the appellants. The respondent was ordered to pay the costs of the proceedings, and the appellants were granted a suitors fund certificate if otherwise entitled.