Sakoua v Williams

Sakoua v Williams concerned a claim brought by the plaintiff, Ms Sakoua, against the defendants, Mr and Ms Williams, who were the lessors of residential premises. Ms Sakoua alleged that she suffered injury due to a dangerous defect in the steps leading to the premises, which she claimed the lessors had a duty to repair. The matter was heard in the Court of Appeal of New South Wales.

The central legal issue before the court was the extent of a lessor's duty of care to an incoming tenant in relation to the condition of the premises. Specifically, the court had to determine whether the duty extended to ensuring the premises were in a state of safe repair, or whether it was confined to taking reasonable care to avoid a foreseeable risk of injury arising from a dangerous defect. The court also considered whether the age of the building and the prevailing building practices and safety standards at the time of construction and the tenancy agreement were relevant to the assessment of the lessor's duty and any breach thereof, as well as the concept of an obvious danger.

The Court of Appeal found that the duty of care owed by a landlord to a tenant in respect of the condition of the premises is not an absolute one to keep them in repair. Rather, it is a duty to take reasonable care to avoid a foreseeable risk of injury. The court held that the steps, while perhaps not conforming to modern standards, did not constitute a dangerous defect at the time of the tenancy agreement, particularly given the building's age and the prevailing standards then. The danger, if any, was considered obvious, and the lessors were not found to have breached their duty of care.

Consequently, the appeal was upheld, and the verdict was entered for the defendants.