Le v Rawson

The appeal in *Le v Rawson* concerned a landlord's alleged negligence after a tenant fell from a balcony and suffered personal injury. The dispute centred on the landlord's failure to repair or replace missing balcony struts, which the tenant alleged created a dangerous condition on the rental property. The matter was heard in the Court of Appeal of New South Wales.

The Court of Appeal was required to determine whether the trial judge erred in finding that the landlord was negligent and that this negligence caused the tenant's injuries. Specifically, the court considered whether the trial judge had made sufficient factual findings to establish causation, particularly in light of conflicting evidence regarding how the tenant came to fall through the gap left by the missing struts. The court also examined whether the trial judge had erred in rejecting certain evidence and in concluding that the tenant had indeed fallen.

The Court of Appeal upheld the trial judge's findings. The court reasoned that the negligent act was the landlord's failure to address the dangerous condition of the missing balcony struts, rather than a slip and fall scenario. The court found that the trial judge's factual findings were sufficient to establish causation, even without definitive evidence as to the precise mechanism of the fall. The appeal was dismissed with costs.