Jennings v Westfield Shopping Centre Management Co (ACT) Pty Ltd

Jennings sued Westfield Shopping Centre Management Co (ACT) Pty Ltd and its cleaning contractor, alleging injuries sustained from a slip and fall in the shopping centre. The case was heard in a court which determined whether the shopping centre management company could be held liable despite having delegated cleaning duties to a contractor, and whether the contractor could be held liable for the injuries sustained by the plaintiff. The court examined the principles of occupier’s liability and the extent to which delegation of duties could absolve the occupier from liability. Additionally, it assessed the circumstances under which the cleaning contractor could be held responsible for the injuries. The court concluded that the occupier remained liable despite the delegation of cleaning duties, as the primary duty of care to entrants for hazards on the premises remained with the occupier. The cleaning contractor, however, was found to be liable for the injuries caused by the slip and fall, as the hazard was within their scope of responsibility. The court awarded damages to the plaintiff for her injuries, including loss of earning capacity, and rejected the argument that the plaintiff’s age or profession should diminish the award. Judgment was entered in favour of the plaintiff against the cleaning contractor for the specified amount, while the shopping centre management company was found not liable.