BCS Strata Management Pty. Limited t/as Body Corporate Services v Robinson

BCS Strata Management Pty. Limited, trading as Body Corporate Services, appealed to the New South Wales Court of Appeal against a judgment that found it liable for negligence. The dispute arose from a lift breakdown that caused injury to Mr. Robinson. The primary judge had found BCS Strata Management liable, along with other defendants, and apportioned responsibility.

The Court of Appeal was required to determine whether the primary judge erred in finding BCS Strata Management liable in negligence, particularly in light of the evidence presented regarding the cause of the lift breakdown. The court also considered whether the claim under s.67 of the Construction Safety Regulation 1950 was established, and the proper construction and application of indemnity clauses in the context of the defendants' own conduct.

The court reasoned that the plaintiff had failed to establish negligence against BCS Strata Management. The evidence presented did not demonstrate a breach of duty of care, as the breakdown appeared to be an unforeseen and unexplained occurrence. The statutory claim under s.67 was also not made out. Furthermore, the court found that indemnity clauses were not available to a party sued in respect of its own conduct. Consequently, the appeal was allowed, the verdicts in favour of the plaintiff against BCS Strata Management were set aside, and judgment was entered for BCS Strata Management on the plaintiff's claim. The court also made orders regarding the costs of the appeal and the trial.