Chaina v Presbyterian Church (NSW) Property Trust (No. 7)

The dispute before the Supreme Court of New South Wales was between Chaina and the Presbyterian Church (NSW) Property Trust. Chaina sought compensation for injuries sustained in a slip and fall incident at a property owned by the Trust. The Trust argued that it had taken reasonable care to prevent such accidents and denied liability. The case was heard in the Supreme Court of New South Wales, which was required to determine whether the Trust owed a duty of care to Chaina and whether it breached that duty.

The primary legal issues revolved around whether the Trust had a duty of care towards Chaina and whether it breached this duty by failing to maintain the property in a safe condition. The Court also had to consider the admissibility of certain evidence under section 192A of the Evidence Act, which allows for early rulings on the admissibility of evidence that is likely to be contentious. This aspect was crucial as it would determine the scope and nature of the evidence that could be presented during the trial.

The Court ruled that the Trust did owe a duty of care to Chaina, as visitors to properties are owed a certain standard of care to ensure their safety. The Trust's failure to adequately maintain the property and address known hazards constituted a breach of this duty. Regarding the evidence, the Court made early rulings pursuant to section 192A, determining that certain evidence would be admissible. This decision was based on the likelihood that the evidence would be contentious and the importance of resolving admissibility issues early in the proceedings. Ultimately, the Court found in favour of Chaina, awarding damages for the injuries sustained.