Glad Retail Cleaning Pty Ltd v Alvarenga

Case

[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.
Details

Areas of Law

  • Negligence & Tort

  • Civil Procedure

Legal Concepts

  • Appeal

  • Limitation Periods

  • Negligence

  • Costs

  • Standing

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Cases Citing This Decision

19

Cases Cited

12

Statutory Material Cited

4