Dwight v Supljeglav

[2015] NSWDC 26

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Dwight v Supljeglav [2015] NSWDC 26
Hearing dates:	12,13 and 21 November 2014
Decision date:	20 February 2015
Jurisdiction:	Civil
Before:	Hatzistergos DCJ
Decision:	Verdict and Judgment for the Plaintiff
Catchwords:	TORT – negligence – personal injury – duty of care – duty of care owed by landlord – obvious risk – contributory negligence – damages
Legislation Cited:	Civil Liability Act 2002 (WA) ss 5B, 5K ,9 and 12 Occupier’s Liability Act 1985 (WA) ss 5 and 9 Residential Tenancies Act 1987 (WA) s 42
Cases Cited:	Baker v Gilbert [2003] NSWCA 113 Bevillesta Pty Limited v Liberty International Insurance Co [2009] NSWCA 16 Carey v Lake Macquarie City Council [2007] NSWCA 4 Department of Housing and Works v Smith (No 2) (2010) 265 ALR 490 Jones v Bartlett (2000) 207 CLR 166 Laresu Pty Limited v Clark [2010] NSWCA 180 Vairy v Wyong Shire Council (2005) 223 CLR 422
Category:	Principal judgment
Parties:	Robyn Dwight (Plaintiff) Milos Supljeglav (Defendant)
Representation:	Counsel: R Royle (Plaintiff) S Torrington (Defendant) Solicitors: Stacks Goudkamp (Plaintiff) Sparke Helmore (Defendant)
File Number(s):	2013/00187439

INDEX

The Accident – paragraph 2

What Time did the Accident Occur – paragraph 8

What were the Arrangements with the Landlord – paragraph 19

Were the Lights working at the Time of the Accident – paragraph 22

Duty of Care – paragraph 53

Breach of Duty – paragraph 63

The Risk Was Foreseeable – paragraph 64The Risk Was Not Insignificant – paragraph 67

In the Circumstances, would a Reasonable Person in the Person’s Position have taken those Precautions – paragraph 69

Social Utility – paragraph 70

Delegation of Duty – paragraph 72

Obvious Risk – paragraph 82

Causation – paragraph 85

Contributory Negligence – paragraph 87

Damages – paragraph 88

Out of Pocket Expenses – paragraph 107

Non-Economic Loss – paragraph 113

Economic Loss – paragraph 114

Summary of Damages – paragraph 121

Judgment

1. The Plaintiff brings proceedings against the Defendant, Milos Supljeglav, alleging an accident, which occurred on 23 June 2010 at the house known as xx Alexandra Drive, Menora, Western Australia, in which it is claimed that she fell due to an unilluminated staircase, occasioning injury. The Defendant owned the premises and its rooms were rented out to students. The Plaintiff’s daughter Hayley Dwight [1] had been a student at the Western Australian Academy of Performing Arts [2] and was returning to Sydney after staying at the Defendant’s property.

   1. Hereinafter referred to as Ms Dwight

   2. Hereinafter referred to as the Academy.

2. On the day before the accident the Plaintiff gave evidence that she and her husband, Dean Dwight [3] had travelled from Sydney to Perth for the purpose of assisting her daughter with her departure back to Sydney on the Indian Pacific on 23 June 2010.

   3. Hereinafter referred to as Mr Dwight

THE ACCIDENT

3. The Plaintiff’s evidence was that on arrival in Perth she and her husband were picked up by Ms Dwight and taken to…