Jones Lang Lasalle (Vic) Pty Ltd v Korlevski

Jones Lang Lasalle (Vic) Pty Ltd, trading as JLL, appealed against a decision of the County Court of Victoria, which found that JLL had breached their duty of care towards a contractor, Mr Korlevski, who had slipped and injured himself while cleaning wet stairs at one of JLL's premises. The County Court held JLL liable for damages suffered by Mr Korlevski. The primary legal issue before the court was whether the trial judge erred in finding that the stairs were not adequately slip-resistant, thus breaching the duty of care owed to Mr Korlevski. A secondary issue was whether JLL was entitled to raise a new argument on causation on appeal, which they had not previously raised at trial.

The court examined the evidence presented at trial and considered the applicable law regarding occupiers' liability and duty of care. It found that the trial judge was correct in determining that the stairs were not adequately slip-resistant and that JLL had failed to take reasonable steps to prevent the risk of slipping. The court held that JLL's argument on causation was not admissible as it had not been raised at trial. The appeal was dismissed, and the original decision of the County Court was upheld.

The court's decision emphasised the importance of occupiers taking reasonable steps to ensure that premises are safe for contractors and visitors. It also reinforced the principle that parties cannot raise new arguments on appeal that were not previously raised at trial. As a result, the appeal was dismissed, and JLL remained liable for the damages awarded to Mr Korlevski.