Dimitrelos v 14 Martin Place Pty Limited & 3 Ors

The appellant, Dimitrelos, brought proceedings against 14 Martin Place Pty Limited and three other respondents, alleging negligence. The dispute concerned injuries sustained by the appellant. The matter was heard by the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether the doctrine of *res ipsa loquitur* applied to the facts of the case. This doctrine, which translates to "the thing speaks for itself," allows an inference of negligence to be drawn from the mere fact of an accident, provided certain conditions are met.

The Court of Appeal considered the elements required for *res ipsa loquitur* to apply, namely that the cause of the accident was unknown, that the accident was of a kind that would not ordinarily occur in the absence of negligence, and that the thing causing the accident was under the exclusive control of the defendant. The Court found that these conditions were not satisfied on the evidence presented. Consequently, the Court dismissed the appeal.

The appellant was ordered to pay the respondents' costs of the appeal.