MacKinnon v the Proprietors Strata Plan No 14311

In *MacKinnon v the Proprietors Strata Plan No 14311*, the Supreme Court of New South Wales considered a claim brought by the plaintiff against the defendant strata body. The plaintiff alleged negligence arising from injuries sustained when she tripped and fell on a common property staircase within the strata scheme. The core of the dispute concerned whether the defendant owed a duty of care to the plaintiff in relation to the condition of the staircase and, if so, whether that duty had been breached.

The central legal issues before the Court were: (1) whether the defendant, as the owner of the common property, owed a duty of care to lawful visitors, such as the plaintiff, to ensure the safety of the common property; and (2) if such a duty was owed, whether the defendant had breached that duty by failing to take reasonable steps to prevent the plaintiff's fall. The Court also considered the extent of the duty of care in the context of occupier's liability.

The Court found that the defendant, as the owner and occupier of the common property, owed a duty of care to persons lawfully entering the property, including residents and their guests. This duty required the defendant to take reasonable steps to prevent foreseeable harm. Applying the principles of negligence, the Court assessed whether the defendant had acted reasonably in maintaining the staircase. The Court considered the nature of the hazard, the likelihood of injury, and the burden of taking precautions. The Court ultimately determined that the defendant had breached its duty of care.

The Court ordered that the plaintiff was entitled to recover damages from the defendant, with the quantum of damages to be assessed. The defendant was also ordered to pay the plaintiff's costs of the proceedings.