Nadj v Moukhallaletti

In the matter of Nadj v Moukhallaletti, the plaintiff, Nadj, sought damages for the destruction of their residential property due to a fire that resulted from candles igniting combustible materials. The defendant, Moukhallaletti, was alleged to have been negligent in failing to supervise and extinguish the candles. The case was heard in the Supreme Court of Victoria.

The primary legal issue before the court was whether the defendant owed a duty of care to the plaintiff in the circumstances, and if so, whether that duty was breached. The court also had to determine the extent of the damages and whether they were foreseeable. The defendant argued that they were not responsible for the fire and that the damage was not foreseeable.

The court found that the defendant did owe a duty of care to the plaintiff as the owner of the adjoining property. It was held that the defendant breached this duty by failing to extinguish the candles, which were in close proximity to combustible materials. The court found that the extent of the damage was foreseeable and assessed the damages at $121,738.63. The court held that the plaintiff was entitled to recover this amount from the defendant. The defendant was ordered to pay the plaintiff’s costs on the ordinary basis unless otherwise ordered, and the plaintiff was granted liberty to apply for further orders if necessary.