Lugo (A Pseudonym) v R

Lugo (A Pseudonym) brought a claim against the respondent, the landlord, and the real estate agent for personal injury sustained from falling down stairs in a rental property. The property was not in good repair, and the agent had failed to inspect the premises and notify the landlord of obvious defects. The appeal was brought to the Supreme Court of Victoria, and subsequently leave to appeal was granted to the Court of Appeal. The legal issues before the Court of Appeal were whether the landlord had delegated their duty of care to the agent, and if the judge had erred in finding that the landlord had not taken any real steps to ensure the property was in good repair. The Court of Appeal considered the relevant legislation and case law, including Jones v Bartlett, Bevillesta Pty Ltd v Liberty International Insurance Co, and Libra Collaroy Pty Ltd v Bhide. The Court of Appeal found that the judge had erred in finding that the landlord had not taken any real steps to ensure the property was in good repair. The Court of Appeal found that the landlord had delegated their duty of care to the agent, and that the agent had failed in that duty. The Court of Appeal allowed the appeal and remitted the matter back to the trial judge for reassessment of the apportionment of liability between the landlord and the agent.