Allen v Strata Plan 54664

The plaintiff, Allen, brought a claim against the defendant, Strata Plan 54664, seeking compensation for injuries sustained when she tripped on a mat placed on the elevator floor. Allen, an 88-year-old resident of the strata title premises, was attempting to move into the building when she fell and injured her hip. The dispute centred on whether the defendant owed a duty of care to Allen, whether this duty was breached, and if so, whether the breach caused the plaintiff's injuries. The matter was heard in the District Court of New South Wales.

The primary legal issues before the court were whether the defendant had a duty of care towards Allen and whether this duty was breached. Additionally, the court had to consider whether the risk of injury was obvious to Allen, and if so, whether this would mitigate the defendant's liability. The court also needed to assess Allen's contributory negligence, if any, and determine the appropriate quantum of damages for non-economic loss and home care.

The court found that the defendant owed a duty of care to Allen, which was breached by failing to follow its own code of conduct for safe removals. The court held that the risk of injury was not obvious to Allen, given her age and the circumstances of the incident. While Allen was found to have contributed to her injuries by not paying sufficient attention to her surroundings, this did not absolve the defendant of liability. The court awarded Allen damages for non-economic loss and for home care, taking into account her age and the severity of her injuries.

The court ordered judgment in favour of Allen and directed the defendant to pay her costs. The parties were granted liberty to bring in short minutes of order reflecting the agreed calculation of damages. The exhibits were to be retained for 28 days, and the parties were given liberty to apply in relation to costs.