Owners Strata Plan 30889 v Perrine

Owners Strata Plan 30889 (the appellant) appealed to the Court of Appeal of New South Wales against a decision of the District Court of New South Wales which had found the appellant liable in negligence to Perrine (the respondent) for injuries sustained in a fall on a common property staircase. The respondent had also cross-appealed in the District Court regarding the apportionment of damages.

The central legal issues before the Court of Appeal were whether the appellant had breached its duty of care to the respondent by failing to provide additional handrails on a set of stairs, and whether such a breach had caused the respondent's fall. The court also considered whether the respondent had been contributorily negligent and, if so, how responsibility should be apportioned.

The Court of Appeal found that the appellant had not breached its duty of care. The court reasoned that the existing handrails, combined with the lighting conditions and the presence of nosings to mark the edge of the steps, were sufficient to meet the standard of care required. The court concluded that the respondent's fall was not attributable to any negligence on the part of the appellant, but rather to the respondent's own actions.

Consequently, the appeal was allowed, the cross-appeal was dismissed, and the respondent was ordered to pay the appellant's costs of both the appeal and the proceedings in the court below.