Carnemolla v Arcadia Funds Management Ltd [2020] NSWCA 308 (27 November 2020) (Basten JA at [1]; Leeming JA at [32]; McCallum JA at [35])


Catchwords:


APPEAL – burden of proof – elements of claim – evidence that floor safe when surface dry – failure of plaintiff to prove water on floor – weight of evidence did not support claim – admitted fact – inspection system adequate – no error in fact-finding

TORTS – negligence – breach of duty – allegation of water on floor – management had system of inspection admitted to be adequate – no breach of duty to take reasonable care – Civil Liability Act (NSW) ss 5B, 5C

TORTS – negligence – duty of care – slip and fall at shopping centre – duty of shopping centre manager – no duty to ensure floor surface dry – duty to take reasonable care to maintain dry surface – adequacy of system of inspection