In brief - High standard placed on a "reasonable
person" to foresee risks
In the case
Dillon v Hair [2014] NSWCA 80, the NSW Court of Appeal
recently affirmed the decision of a NSW District Court judge in
finding a landlord liable to their property agent for placing an
outdoor mat inside the front door of a recently vacated house,
causing the agent to fall and sustain injury.
Tenant gives notice to vacate premises and landlord prunes
trees at premises
Jann and Harry Dillon owned a property at Katoomba in New South
Wales. They retained Margaret Hair of Century 21 as their agent to
manage the tenancy of the property.
In April 2010, the tenant at the time gave notice that she
wished to vacate the premises. The tenant told Ms Hair that she
would vacate possession on 21 May 2010 and had booked removalists
for 14 May 2010. In order for the removalists to gain access to the
property, the tenant asked Ms Hair to arrange pruning of some
trees. Ms Hair conveyed this