Jones Lang Lasalle (Vic) Pty Ltd v Korlevski & Ors; Jones Lang Lasalle (Vic) Pty Ltd v Victorian WorkCover Authority

[2012] VSCA 305

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Negligence
2. › Occupier's liability
3. › Duty of care
4. › State of premises
5. › Slip resistant surface on stairs
6. › Whether occupier breached duty by failing to ensure adequate slip resistance when wet
7. › Wrongs Act 1958 (Vic), s 14B
1. Appeal
2. › New arguments on appeal
3. › Whether appellant entitled to raise causation argument not run at trial
4. › Whether respondent prejudiced by inability to call additional evidence
5. › Whether trial judge's reasons indicate what matters were in issue at trial
1. Appeal
2. › Appellate review of findings of fact
3. › Whether trial judge's findings glaringly improbable or contrary to compelling inferences
4. › Role of appellate court in reviewing factual findings

Quick Take

A party that conducts its trial on the basis that the central issue is breach of duty (whether stairs were adequately slip resistant) cannot reframe its case on appeal as a causation argument (that the accident was inevitable regardless of slip resistance). The trial judge's reasons are the best indication of what matters were in issue at trial, and a new argument will not be permitted where the opposing party could have met it by calling different evidence.