Arabi v Glad Cleaning Service Pty Ltd

New South Wales

Court of Appeal

CITATION:	Arabi v Glad Cleaning Service Pty Limited [2010] NSWCA 208
HEARING DATE(S):	4 August 2010
JUDGMENT DATE:	23 August 2010
JUDGMENT OF:	Hodgson JA at 1; Sackville AJA at 2; Harrison J at 63
DECISION:	(1) Appeal dismissed. (2) Appellant to pay the respondents' costs of the appeal.
CATCHWORDS:	NEGLIGENCE- breach of duty – appellant slipped on ramp at shopping centre – whether any error in primary Judge’s conclusion that breach of duty not established.
LEGISLATION CITED:	Civil Liability Act 2002, s 5B
CATEGORY:	Principal judgment
CASES CITED:	Australian Safeway Stores Pty Ltd v Zaluzna [1987] HCA 7; 162 CLR 479 Brady v Girvan Bros Pty Ltd (1986) 7 NSWLR 241 Dean v Stockland Property Management Pty Ltd [2010] NSWCA 66 Hunter v Transport Accident Commission [2005] VSCA 1 Kocis v SE Dickens Pty Ltd [1998] 3 VR 408 Laresu Pty Ltd v Clark [2010] NSWCA 180 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Roads and Traffic Authority of New South Wales v Dederer [2007] HCA 42; 234 CLR 330 Rose v Abbey Orchard Property Investments Pty Ltd [1987] Aust Torts Rep 80-121 Shoeys Pty Ltd v Allan [1991] Aust Torts Rep 81-104
PARTIES:	Taleb Arabi (Appellant) Glad Cleaning Service Pty Limited (First Respondent) CPT Custodian Pty Limited (Second Respondent)
FILE NUMBER(S):	CA 2009/298450
COUNSEL:	S Norton SC/M Fraser (Appellant) J E Maconachie QC/ J Sleight (Respondent)
SOLICITORS:	Brydens Law Office (Appellant) Wotton and Kearney (First Respondent) Thompson Cooper Lawyers (Second Respondent)
LOWER COURT JURISDICTION:	District Court
LOWER COURT FILE NUMBER(S):	4657/2007
LOWER COURT JUDICIAL OFFICER:	Goldring DCJ
LOWER COURT DATE OF DECISION:	4 June 2009

CA 2009/298450

HODGSON JA
SACKVILLE AJA
HARRISON J

23 August 2010

ARABI v GLAD CLEANING SERVICE PTY LTD

Judgment

I agree with Sackville AJA.

2 SACKVILLE AJA: This is an appeal against a decision of a Judge of the District Court (the late Goldring DCJ). The primary Judge dismissed a claim by the appellant (the plaintiff below) for damages in respect of personal injuries he suffered when he fell while walking up a pedestrian ramp at the Bankstown Centro Shopping Centre (“Centre“) on 31 May 2006. Had his Honour not entered a verdict for the respondents (the defendants below), he would have awarded the appellant damages of $74,184, to be reduced by 35 per cent to take account of the appellant’s contributory negligence in failing to keep a proper lookout while ascending the ramp.

3 The appellant’s case was that he had slipped on spillage on the ramp and sustained injuries to his right knee. He commenced proceedings against the second respondent (“CPT”) as the owner and occupier of the Centre and the first respondent ("Glad”) which was responsible for cleaning the Centre. Initially the respondents filed separate defences and cross-claims against each other. However, on the first day of the hearing the respondents were represented by the same counsel who sought and was granted leave to…