Pavlis v Wetherill Park Market Town Pty Ltd

In *Pavlis v Wetherill Park Market Town Pty Ltd*, the New South Wales Court of Appeal considered appeals arising from a personal injury claim and a separate contractual dispute concerning an indemnity. The personal injury claim involved a plaintiff who slipped and fell on a wet pavement outside a shopping centre, alleging negligence on the part of the shopping centre owner. The contractual dispute concerned an agent's claim for indemnity from their principal for costs incurred in proceedings related to the agent's performance of their duties.

The Court of Appeal was required to determine whether the trial judge erred in finding that the shopping centre owner had taken reasonable precautions against the foreseeable risk of harm, despite the pavement remaining prone to being slippery when wet even after the application of non-slip paint six months prior. This involved assessing whether the trial judge's factual findings regarding the location of the slip and the adequacy of the non-slip treatment were supported by the evidence. In the contractual matter, the Court had to interpret an indemnity clause to ascertain whether it extended to cover costs arising from the non-negligent performance of an agent's duties, particularly when the principal argued the claim against the agent was one of non-performance.

The Court of Appeal upheld the trial judge's findings in the personal injury claim, concluding that the application of non-slip paint constituted a reasonable precaution and that there was insufficient evidence to establish that the slip occurred in an area not treated with the paint. The Court reasoned that the trial judge was entitled to make these factual findings based on the evidence presented. In the contractual dispute, the Court granted leave to appeal but ultimately dismissed the appeal, finding that the indemnity clause did not extend to cover the costs claimed by the agent in the circumstances.

The appeals were dismissed, and the parties were ordered to pay the costs of the proceedings in the Court of Appeal.