LAPTHORNE -v- HOUSING AUTHORITY [No 2] [2018] WADC 18
| DISTRICT COURT OF WESTERN AUSTRALIA | Citation No: | [2018] WADC 18 | |
| Case No: | CIV:1463/2016 | 20-24 NOVEMBER 2017 | |
| Coram: | O'NEAL DCJ | 12/02/18 | |
| PERTH | |||
| 50 | Judgment Part: | 1 of 1 | |
| Result: | Action dismissed | ||
| PDF Version |
| Parties: | WAYNE EDWARD LAPTHORNE HOUSING AUTHORITY |
Catchwords: | Statutory authority Scope of defendant's duty of care to tenants with physical limitations or disabilities Breach Causation Damages Turns on own facts |
Legislation: | Civil Liability Act 2002 s 5W, s 5X Occupiers' Liability Act 1985 Residential Tenancies Act 1987 Disability Services Act 1993 (WA) |
Case References: | Jones v Bartlett [2000] HCA 56; (2000) 205 CLR 166 Stuart v Kirkland-Veenstra [2009] HCA 15; (2009) 237 CLR 215 |
JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
- IN CIVIL
- Plaintiff
AND
HOUSING AUTHORITY
Defendant
Catchwords:
Statutory authority - Scope of defendant's duty of care to tenants with physical limitations or disabilities - Breach - Causation - Damages - Turns on own fact
Legislation:
Civil Liability Act 2002 s 5W, s 5X
Occupiers' Liability Act 1985
Residential Tenancies Act 1987
Disability Services Act 1993 (WA
Result:
Action dismissed
Representation:
Counsel:
Plaintiff : Mr N F Morrissey
Defendant : Mr G Bourhill
Solicitors:
Plaintiff : CLP Legal Pty Ltd
Defendant : Moray & Agnew Lawyers
Case(s) referred to in judgment(s):
Jones v Bartlett [2000] HCA 56; (2000) 205 CLR 166
Stuart v Kirkland-Veenstra [2009] HCA 15; (2009) 237 CLR 215
- O'NEAL DCJ:
Introduction
1 Since about 1993 the plaintiff has lived in public housing provided by the defendant. Since 1994 he has suffered from a left hemiparesis, as a result of a stroke. Initially his left side was significantly paralysed. Early rehabilitation brought improvement in his condition, but for many years he has had weakness in his left leg and arm. He has other serious health problems, some related to chronic alcohol abuse.
2 From 2000 until the present, the plaintiff has lived in a house provided by the defendant on Bourne Street in Morley (the Bourne Street house). In 2014 and 2015 the plaintiff suffered a series of falls, which he alleges were a consequence of the unsuitability of the house for a person with disabilities like his. The injuries received in those falls were alleged to have caused the plaintiff damage and loss, including lost earning capacity.
3 The defendant was aware, prior to 2014, that the condition of the Bourne Street house posed certain risks of injury for the plaintiff because of his medical condition.
4 At trial the defendant put the plaintiff to proof of almost all factual issues arising in this case, from the occurrence of the three accidents alleged to have caused the plaintiff injury, to the measure of any…
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- AGLC
- Lapthorne v Housing Authority [No 2] [2018] WADC 18
- Case
- [2018] WADC 18
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were multifaceted, requiring a detailed analysis of the statutory obligations imposed upon the Housing Authority, the standard of care expected, and whether the Housing Authority had breached its duty. The court also needed to consider whether the injuries were a direct consequence of any breach and, if so, to what extent the Housing Authority was liable. Furthermore, the court had to determine the appropriate measure of damages for the injuries sustained.
The court found that the Housing Authority owed a duty of care to its tenants, which extended to those with physical limitations or disabilities. However, the court held that the Housing Authority had not breached this duty, as the injuries were not caused by a failure on the part of the Housing Authority. The court determined that the injuries resulted from an unforeseeable and independent act of a third party, which was not within the scope of the Housing Authority's control. Consequently, the court dismissed the action, finding that the Housing Authority was not liable for the injuries sustained by Mr Lapthorne.
Orders
Orders of the court
Action dismissed
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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