Knibbs v Sheteh, Sheteh, George Koolbanis t/as Lancelot Plumbing and Vlahos; George Koolbanis t/as Lancelot Plumbing v Vlahos

The case involved the plaintiff, Knibbs, suing Sheteh, George Koolbanis trading as Lancelot Plumbing, and Vlahos, the absentee landlord of the premises where Knibbs slipped and fell. The defendants were the absentee landlord, the contractor, and the sub-contractor who had been engaged to install a bathtub. The dispute was heard in the Supreme Court of New South Wales.

The primary legal issues the court had to address were whether the duty of care of the absentee landlord was non-delegable, the nature of the relationship between the contractor and the sub-contractor, the credibility of the witnesses, and the admissibility of certain evidence such as photographs and business records. The court needed to determine if the contractor's relationship with the sub-contractor was akin to an employer-employee relationship, and whether the landlord's duty of care was non-delegable, meaning the landlord could not delegate their responsibilities to the contractor.

The court found that the landlord's duty of care was not non-delegable, and the relationship between the contractor and the sub-contractor did not indicate an employer-employee relationship. The court also assessed the credibility of the witnesses, noting the absence of certain witnesses who were not called or explained for their absence. The court allowed the use of photographs and business records as evidence, finding them reliable and relevant. Consequently, the court ruled in favour of the defendants and against the plaintiff, ordering the plaintiff to pay the costs of the defendants. The court dismissed the cross claims with no order as to costs and retained the exhibits for 28 days.