Glad Retail Cleaning Pty Ltd v Alvarenga
Case
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[2013] NSWCA 482
•24 December 2013
Details
AGLC
Case
Decision Date
Glad Retail Cleaning Pty Ltd v Alvarenga [2013] NSWCA 482
[2013] NSWCA 482
24 December 2013
CaseChat Overview and Summary
Glad Retail Cleaning Pty Ltd appealed to the Court of Appeal of New South Wales against a decision of the primary judge. The appeal concerned a claim for damages for personal injury brought by the plaintiff, Ms Alvarenga, against Glad Retail Cleaning and the occupier of the premises, Mirvac. Ms Alvarenga slipped and fell on a wet floor in a shopping centre, sustaining injuries.
The central legal issues before the Court of Appeal were whether the risk of slipping on the floor was an "obvious risk" within the meaning of section 5F of the *Civil Liability Act 2002* (NSW), whether Glad Retail Cleaning was negligent in mopping the area during opening hours, and whether Mirvac should be granted an extension of time to file a notice of appeal, considering potential prejudice to the plaintiff under section 151Z of the *Workers Compensation Act 1987* (NSW).
The Court of Appeal dismissed Mirvac's motion for an extension of time to appeal, ordering Mirvac to pay the costs of Glad Retail Cleaning and the plaintiff in relation to that motion. The Court also dismissed Glad Retail Cleaning's appeal, ordering Glad Retail Cleaning to pay the costs of the plaintiff and Mirvac for the appeal.
The central legal issues before the Court of Appeal were whether the risk of slipping on the floor was an "obvious risk" within the meaning of section 5F of the *Civil Liability Act 2002* (NSW), whether Glad Retail Cleaning was negligent in mopping the area during opening hours, and whether Mirvac should be granted an extension of time to file a notice of appeal, considering potential prejudice to the plaintiff under section 151Z of the *Workers Compensation Act 1987* (NSW).
The Court of Appeal dismissed Mirvac's motion for an extension of time to appeal, ordering Mirvac to pay the costs of Glad Retail Cleaning and the plaintiff in relation to that motion. The Court also dismissed Glad Retail Cleaning's appeal, ordering Glad Retail Cleaning to pay the costs of the plaintiff and Mirvac for the appeal.
Details
Key Legal Topics
Areas of Law
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Negligence & Tort
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Civil Procedure
Legal Concepts
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Appeal
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Limitation Periods
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Negligence
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Costs
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Standing
Actions
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Most Recent Citation
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Cases Cited
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Statutory Material Cited
4
Alvarenga v Mirvac Real Estate Pty Ltd
[2013] NSWDC 26
Glad Retail Cleaning Pty Ltd v Alvarenga
[2013] NSWCA 289
Wardle v Agricultural and Rural Finance Pty Ltd
[2012] NSWCA 107