Soma-Devan v SCentre Shopping Centre Management Pty Ltd t/as Westfield Hurstville

In the case of Soma-Devan v SCentre Shopping Centre Management Pty Ltd t/as Westfield Hurstville, the plaintiff alleged that she slipped and injured herself on the floor of the shopping centre. The plaintiff sought an order for inspection of the premises where the accident occurred, to ascertain the condition of the floor and whether it was slippery. The defendant opposed the plaintiff's application on the basis that the issue of the condition of the floor and whether it was slippery were not sufficiently raised on the pleadings to entitle the plaintiff to the inspection order.

The primary legal issue before the court was whether the plaintiff was entitled to inspect the premises in question, and if so, whether the defendant's opposition to the inspection order was well-founded. The court considered whether the condition of the floor and whether it was slippery were issues that had been sufficiently raised on the pleadings. The court also considered whether the inspection of the premises was necessary and relevant to the determination of the plaintiff's claim.

In determining the issue, the court held that the plaintiff was entitled to inspect the premises in question. The court found that the condition of the floor and whether it was slippery were issues that had been sufficiently raised on the pleadings, and that the inspection of the premises was necessary and relevant to the determination of the plaintiff's claim. The court further held that the defendant's opposition to the inspection order was not well-founded, and granted the plaintiff's application for an inspection of the premises.

As a result, the court ordered that the plaintiff be granted access to the premises in question for the purpose of inspecting the floor where the accident occurred. The court also ordered that the defendant provide the plaintiff with any reasonable assistance necessary to facilitate the inspection. The court did not make any further orders in relation to the matter.