Libra Collaroy Pty Ltd v Bhide

Libra Collaroy Pty Ltd (the landlord) and Mr Bhide (the tenant) were parties to a dispute arising from the collapse of a balcony at leased premises, which caused personal injury to the plaintiffs. The landlord had engaged a managing agent to manage the property. The plaintiffs alleged negligence against the landlord, the managing agent, and the tenant.

The court was required to determine whether the landlord owed a duty of care to the plaintiffs and, if so, whether that duty was breached. It also considered whether the landlord had effectively delegated its occupier's duty of care to the managing agent. Further issues included whether the tenant owed a duty of care and breached it, and whether the landlord was entitled to contractual indemnity from the managing agent for any liability to the tenant and the injured plaintiffs. The court also examined claims for contribution between the parties as joint tortfeasors.

The court found that the landlord, as the owner of the premises, owed a duty of care to the plaintiffs. This duty was not discharged by the appointment of a managing agent. The landlord breached this duty by failing to take reasonable steps to ensure the safety of the balcony. The court also found the managing agent negligent. Regarding the tenant, the court determined that while the tenant had some responsibilities, the primary duty to ensure the structural integrity of the balcony rested with the landlord. The court considered the principles of contributory negligence and the relevant provisions of the *Civil Liability Act 2002* (NSW) and the *Law Reform (Miscellaneous Provisions) Act 1965* (NSW) and *1946* (NSW) in apportioning liability and determining entitlements to indemnity and contribution.

The court made orders regarding the apportionment of liability between the landlord and the managing agent, and the landlord's entitlement to contractual indemnity from the managing agent, with adjustments for contributory negligence. The tenant was found not liable to contribute to the managing agent's liability.