Fabre v Lui

[2015] NSWCA 157

Court of Appeal
Supreme Court

New South Wales

Case Name:	Fabre v Lui
Medium Neutral Citation:	[2015] NSWCA 157
Hearing Date(s):	30 April 2015
Decision Date:	10 June 2015
Before:	Basten JA at [1];   Macfarlan JA at [9]; Meagher JA at [38]
Decision:	Appeal dismissed with costs.
Catchwords:	TORTS – negligence – householder engaged handyman to affix stove rangehood to wall in kitchen – three years later rangehood fell on tenant of home – whether householder in breach of occupier’s duty of care – whether householder negligent in not making enquiries as to the handyman’s qualifications and experience – appeal dismissed
Legislation Cited:	Civil Liability Act 2002 (NSW), ss 5B, 5B(1), 5B(2), 5B(2)(a), 5B(2)(b), 5B(2)(c), 5B(2)(d) Residential Tenancies Act 1987 (NSW), s 25
Cases Cited:	Australian Safeway Stores Pty Ltd v Zaluzna [1987] HCA 7; 162 CLR 479 Bevillesta Pty Ltd v Liberty International Insurance Company [2009] NSWCA 16 Glasgow Corporation v Muir [1943] AC 448 Indigo Mist Pty Ltd v Palmer [2012] NSWCA 239 Jones v Bartlett [2000] HCA 56; 205 CLR 166 Jones Lang LaSalle (NSW) Pty Ltd v Taouk [2012] NSWCA 342 Joslyn v Berryman; Wentworth Shire Council v Berryman [2003] HCA 34; 214 CLR 552 Laresu Pty Ltd v Clark [2010] NSWCA 180 Northern Sandblasting Pty Ltd v Harris [1997] HCA 39; 188 CLR 313 Roads and Traffic Authority of New South Wales v Dederer [2007] HCA 42; 234 CLR 330 Sakoua v Williams [2005] NSWCA 405; 64 NSWLR 588
Category:	Principal judgment
Parties:	Christine Fabre (Appellant) Bonny Lai Chun Lui (Respondent)
Representation:	Counsel: G R Petty SC/S E McCarthy (Appellant) P J Deakin QC/P J Nolan (Respondent) Solicitors: Barwick Boitano Lawyers (Appellant) Hunt & Hunt Lawyers (Respondent)
File Number(s):	CA 2014/189196
Decision under appeal:
Court or Tribunal:	District Court
Jurisdiction:	New South Wales
Date of Decision:	29 May 2014
Before:	Flannery SC DCJ
File Number(s):	DC 2012/259232

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

JUDGMENT

1. BASTEN JA: In December 2010, the appellant was the lessee of rented premises. When cleaning the range hood over the cooking stove, the hood fell from the wall, causing her injury. She brought proceedings for damages in the District Court, against, relevantly for present purposes, her landlord, the lessor of the premises.

2. The range hood had been installed by the landlord (the respondent to the appeal) whilst she (the landlord) was living in the premises. She did not undertake the installation herself, but employed a tradesman/handyman to do the work.

3. As the case was argued on appeal, the only basis of liability relied upon was negligence of the landlord in engaging the…