Talbot-Price v Jacobs

[2008] NSWCA 189

New South Wales

Court of Appeal

CITATION:	Talbot-Price v Jacobs [2008] NSWCA 189
HEARING DATE(S):	19 June 2008
JUDGMENT DATE:	12 August 2008
JUDGMENT OF:	Ipp JA at 1; McColl JA at 103; Basten JA at 104
DECISION:	Appeal dismissed with costs
CATCHWORDS:	COURTS AND JUDICIAL SYSTEM - judgments - alteration of judgments - additional judgment - NEGLIGENCE - duty of care - scope of duty - landlord and tenant - duty to keep premises in a reasonable state of repair - effect of Residential - Tenancies (Residential Premises) Regulation 1995 - clause 12.2 - NEGLIGENCE - breach of duty - landlord and tenant - duty to keep premises in a reasonable state of repair - reasonableness of landlord's conduct - relevant - factors - where landlord directed tenant not to use certain parts of the premises - REAL PROPERTY - leases - residential leases - whether oral agreement void - effect of Residential - Tenancies Act 1987
LEGISLATION CITED:	Residential Tenancies Act 1987 Residential Tenancies (Residential Premises) Regulation 1995 Residential Tenancies Act 1987 (WA)
CATEGORY:	Principal judgment
CASES CITED:	Abela v Giew (1965) 65 SR (NSW) 485 Australian Safeway Stores Pty Ltd v Zaluzna [1987] HCA 7; 162 CLR 479 Jones v Bartlett [2000] HCA 56; (2000) 205 CLR 166 Koehler v Cerebos (Australia) Ltd [2005] HCA 15; 222 CLR 44 New South Wales Department of Housing v Hume [2007] NSWCA 69; (2007) Aust Torts Rep 81-879 Ridis v Strata Plan 10308 [2005] NSWCA 246; (2005) 63 NSWLR 449 Roads and Traffic Authority of NSW v Dederer [2007] HCA 42; 81 ALJR 1773 Sibley v Kais (1967) 118 CLR 424 Todorovic v Moussa [2001] NSWCA 419; (2001) 53 NSWLR 463 Tucker v McCann [1948] VLR 222
PARTIES:	Michael Talbot-Price (Appellant) Patricia Jacobs (Respondent)
FILE NUMBER(S):	CA 40647/07
COUNSEL:	D W Elliott (Appellant) N J Polin (Respondent)
SOLICITORS:	S P Lawyers (Appellant) Gadens Lawyers (Respondent)
LOWER COURT JURISDICTION:	District Court
LOWER COURT FILE NUMBER(S):	DC 111/06
LOWER COURT JUDICIAL OFFICER:	Black DCJ
LOWER COURT DATE OF DECISION:	31 May 2007; 6 June 2007

CA 40647/07
DC 111/06

IPP JA
McCOLL JA
BASTEN JA

Tuesday 12 August 2008

MICHAEL TALBOT-PRICE v PATRICIA JACOBS

Judgment

1 IPP JA:

The parties’ versions and the issues on appeal

2 This appeal concerns a claim for damages for personal injury made by the appellant against the respondent in the District Court. The precise causes of action on which the appellant relies are not entirely clear but they include, at least, a breach by the respondent of the common law duty of care that she owed him as the lessor of residential premises she had leased to him.

3 Black DCJ dismissed the appellant’s claim. His Honour found that the appellant had failed to establish liability on the respondent’s part but proceeded, nevertheless, to assess the appellant’s damages.

4 The appellant appeals both against the order dismissing his claim and the assessment of damages.

5 The appellant’s case was…