Youkhana v Di Veroli

In *Youkhana v Di Veroli*, the plaintiff, Ms Youkhana, appealed to the New South Wales Court of Appeal against a decision of the primary judge who had found that the occupier, Mr Di Veroli, was not negligent when Ms Youkhana slipped and fell on stairs.

The central legal issue before the Court of Appeal was whether the primary judge had erred in failing to find the occupier negligent in relation to the plaintiff's fall. This required the Court to consider the duty of care owed by an occupier to a visitor and whether that duty had been breached.

The Court of Appeal dismissed the appeal, upholding the primary judge's finding. The reasoning focused on the evidence presented at trial regarding the condition of the stairs and the steps taken by the occupier to ensure their safety. The Court applied the principles of negligence, considering the foreseeability of the risk of harm and the reasonableness of the occupier's conduct in the circumstances. The appeal was dismissed with costs.