Lesandu Blacktown Pty Ltd v Gonzalez

In the New South Wales Court of Appeal, Lesandu Blacktown Pty Ltd (the applicant) sought to appeal a decision of the District Court concerning a negligence claim brought by Mr. Gonzalez (the respondent). The respondent, a customer on the applicant's premises, sustained injuries when he collided with a third party who was fleeing the premises after being detained by the applicant's employees. The core of the dispute revolved around whether the applicant owed a duty of care to the respondent to protect him from the actions of this third party.

The legal issues before the Court of Appeal included whether the applicant owed a general duty to protect its customers from the actions of third parties, and more specifically, whether a "special relationship" existed between the applicant and the respondent that would give rise to such a duty. The court was also required to consider whether the applicant's control over its premises and the foreseeability of harm of the kind suffered by the respondent were sufficient to establish a duty of care. Furthermore, the appeal raised questions about whether the primary judge had correctly applied sections 5B and 5D of the *Civil Liability Act 2002* (NSW) in determining the existence of a duty of care.

The Court of Appeal found that there was no general duty owed by the applicant to protect its customers from the actions of third parties. The court reasoned that the circumstances did not establish a "special relationship" that would impose a duty of care on the applicant to prevent harm caused by the actions of others. The court concluded that the primary judge had erred in finding that a duty of care was owed and in applying the relevant provisions of the *Civil Liability Act 2002*.

Consequently, the Court of Appeal allowed the appeal, set aside the judgment of the District Court, and ordered the respondent to pay the applicant's costs in the Court of Appeal. The respondent was granted a certificate under the *Suitors' Fund Act 1951* (NSW).