Heang v Tran

The plaintiff, Heang, commenced proceedings against the defendant, Tran, in the Supreme Court of New South Wales, asserting claims arising from an incident where Heang was injured while visiting Tran's property. Heang alleged that Tran was negligent in maintaining the premises, resulting in his injuries. The defendant denied the allegations and argued that Heang's injuries were due to his own carelessness.

The court was required to determine whether Tran breached a duty of care owed to Heang by failing to maintain the property in a reasonably safe condition, and if so, whether this breach led to the injuries sustained by Heang. Additionally, the court needed to assess the appropriate amount of damages for the claimed heads of loss, including medical expenses, lost earnings, and pain and suffering.

The court found that Tran did indeed breach the duty of care by failing to maintain the property adequately. The court noted that the premises had a dangerous condition that was not reasonably discoverable by Heang, placing the onus on Tran to ensure the safety of visitors. The court accepted Heang's evidence regarding the extent of his injuries and the associated costs, determining the total damages to be $660,545. The court awarded Heang the full amount of the claimed damages, finding that the evidence supported the necessity and reasonableness of the expenses and losses claimed.

The final orders of the court included a verdict and judgment in favour of the plaintiff, awarding him $660,545 in damages. The defendant was directed to pay the plaintiff's costs on the ordinary basis unless otherwise ordered. The exhibits were to be returned, and the parties were granted liberty to apply for further or other orders with seven days’ notice.