Ashfield Realty Pty Ltd t/as Ray White Ashfield v Gomes

Ashfield Realty Pty Ltd, trading as Ray White Ashfield, appealed to the New South Wales Court of Appeal against a judgment entered in favour of the respondent, Mr. Gomes. The dispute concerned Mr. Gomes' claim for damages for personal injuries allegedly sustained due to a breach of the appellant's duty of care as an occupier of premises.

The primary legal issue before the Court of Appeal was whether the appellant had breached its duty of care owed to Mr. Gomes as an invitee on its premises. This involved determining whether the conditions on the premises posed an unreasonable risk of harm and whether the appellant had taken reasonable steps to prevent such harm.

The Court of Appeal found that the appellant had not breached its duty of care. The judges reasoned that the risk of injury from the condition of the premises was not reasonably foreseeable, or alternatively, that the steps taken by the appellant were sufficient to discharge its duty. The Court concluded that the trial judge had erred in finding a breach of duty.

Consequently, the Court of Appeal upheld the appeal, setting aside the original judgment and verdict in favour of Mr. Gomes. Instead, judgment and verdict were entered for the appellant, Ashfield Realty Pty Ltd, with orders for the appellant to recover its costs of the appeal and the trial.