Spillage Case - Consideration Of Cleaning Contract And Specifications And Whether They Have Been Complied With

P & H Property Service Pty Limited v Branigan; Westfield Shopping Centre Management Co Pty Limited v Branigan [2008] NSWCA195 [2008] NSWCA195

Hodgson JA, Bell JA, Rein J

In Brief

• The central question in a spillage claim is whether there is sufficient evidence to allow a tribunal of fact to conclude on the balance of probabilities that the defendants failure to follow a reasonable system of cleaning caused the plaintiff's damage

Facts

• P & H Property Service Pty Limited conducted cleaning services for Westfield Shopping Centre Management Co Pty Limited at a centre in Liverpool.

• On 24 October 2001, the plaintiff, Mr Branigan slipped on a piece of cardboard near the back of Joe's Meats with whom he was employed. The cardboard had been placed over an oil or grease spill on the floor. The plaintiff did not fall to the floor but