C G Maloney Pty Ltd v Hutton-Potts

In *C G Maloney Pty Ltd v Hutton-Potts*, the Court of Appeal of New South Wales considered appeals and cross-appeals arising from a judgment concerning a woman who sustained injuries after falling on a recently polished hotel floor. The plaintiff, Ms Hutton-Potts, sued the hotel and the cleaning company, C G Maloney Pty Ltd, for negligence. The central dispute involved whether the defendants were liable for her injuries and, if so, how liability should be apportioned. Damages awarded at trial were also a significant point of contention, particularly in relation to the concept of an "obvious risk" and its impact on an injured plaintiff.

The legal issues before the Court of Appeal included whether the trial judge erred in finding the defendants liable in negligence, the proper apportionment of liability between the hotel and the cleaning company, and whether the damages awarded were excessive, specifically in light of the provisions of the *Civil Liability Act 2000* (NSW) concerning obvious risks. The court also had to determine if the trial judge had erred in his exercise of discretion regarding costs, including whether a *Bullock* order should have been made.

The Court of Appeal allowed the appeal in part, primarily varying the quantum of damages awarded for hydrotherapy. The court found that while the defendants were liable, the reduction in damages for hydrotherapy was excessive. The court's reasoning involved an analysis of the duty of care owed by the hotel and the cleaning company, the foreseeability of the risk of slipping, and the application of the *Civil Liability Act 2000* (NSW) to the concept of obvious risks. The court ultimately varied the original orders to reflect a revised judgment for the plaintiff against both defendants, and also adjusted the amounts awarded on cross-claims between the defendants. The court also made specific orders regarding the costs of the appeal, with the appellant to pay a significant portion of the first respondent's costs.