Colaco and Colaco t/as Sports Physiotherapy South v Neil

The appeal before the Court of Appeal of New South Wales concerned a dispute over personal injury damages awarded to the first respondent, Mr. Neil, who suffered an injury on a public stairway. The appellants, Colaco and Colaco trading as Sports Physiotherapy South, were the lessees of premises adjacent to the stairway, while the second respondents were the owners of the building. The core of the dispute involved the apportionment of liability for Mr. Neil's injuries between the lessor and lessee.

The Court was required to determine whether the apportionment of damages made by the District Court was correct, particularly in light of the respective responsibilities of the building owners and the physiotherapists as lessees concerning the maintenance and safety of the public stairway. The appeal also encompassed the consequential orders for costs.

The Court of Appeal allowed the appeal, setting aside the verdicts and judgments made in the District Court. In their place, the Court entered verdicts and judgments in favour of each defendant. The Court ordered that the first respondent, Mr. Neil, was to pay the costs incurred by each defendant in the proceedings below and on appeal. Furthermore, Mr. Neil was to receive a certificate under the Suitor's Fund Act in respect of the costs of the appeal. The building owners were granted an indemnity from the physiotherapists for any costs they did not recover from Mr. Neil.