Laresu Pty Ltd v Clark

[2010] NSWCA 180

NSW Court of Appeal

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Interrogate

Catchwords

1. Tort Law
2. › Negligence
3. › Occupier's liability
4. › Duty of care owed by occupier of common property to lawful visitor
5. › Whether risk of injury from unlit stairs was not insignificant
6. › Whether reasonable occupier would have taken precautions
7. › Civil Liability Act 2002 (NSW), s 5B
1. Tort Law
2. › Negligence
3. › Occupier's liability
4. › Delegation of occupier's duty of care to managing agent
5. › Whether owner effectively delegated responsibility for safety of premises
6. › Whether delegation qualified by owner's express instructions
1. Tort Law
2. › Negligence
3. › Occupier's liability
4. › Managing agent as occupier
5. › Whether managing agent who assumed management role was occupier of common property
6. › Whether managing agent owed duty of care to visitor
1. Contract
2. › Principal and agent
3. › Managing agent of commercial premises
4. › Scope of management obligations
5. › Whether 'maintenance' extended to setting of automatic light switch

Quick Take

A managing agent who assumes management of commercial premises under a management agency agreement may be classified as an occupier of common property and owe a duty of care to visitors. An owner's general delegation of management responsibility to a competent agent does not absolve the owner of responsibility for the state of premises to the extent that state reflects the owner's express instructions. A contractual indemnity clause covering the 'performance' of an agent's duties does not extend to a failure to perform those duties.