Denis Johnston v State of New South Wales

The plaintiff, Denis Johnston, brought an action against the State of New South Wales, alleging that the State breached its duty of care towards him as a tenant of a public housing property. The dispute was heard by the Supreme Court of New South Wales. The plaintiff claimed that the State failed to provide a safe environment by neglecting to repair a dangerously defective balcony, resulting in his severe injuries when it collapsed. The State denied liability, arguing that the plaintiff was contributorily negligent and that the damage award should be reduced accordingly.

The legal issues the court was required to decide included whether the State owed a duty of care to the plaintiff as a tenant, whether that duty was breached, and if the plaintiff was contributorily negligent. The court also had to determine the appropriate assessment of damages, considering any contributory negligence on the part of the plaintiff.

The court found that the State did owe a duty of care to the plaintiff as a landlord, and this duty extended to maintaining the premises in a reasonably safe condition. The court held that the State had breached this duty by failing to repair the defective balcony. The plaintiff's contributory negligence was assessed, but the court concluded that it did not bar his claim. The court awarded the plaintiff damages for his injuries, taking into account his contributory negligence.

The final orders of the court included a verdict and judgment in favour of the plaintiff. The specific orders were detailed at paragraph [74] of the judgment.