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ARTICLE · 21 SEPTEMBER 2017

A case of a balcony collapse: who is to blame?

Gilchrist Connell
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A tenant could bear some responsibility if they did not act as a reasonable tenant to avoid the risk of personal injury.

AustraliaReal Estate and Construction
Paul Kozub
Paul Kozub
Catherine Hing
Catherine Hing
Author LinkedIn connections
  • Libra Collaroy Pty Ltd v Bhide [2017] NSWCA 196
  • Balcony collapse
  • Whether delegation to managing agent a defence to alleged breach of duty
  • Apportionment between an real estate agent, tenant and owners of residential real estate
  • Entitlement to contractual indemnity reduced by the owners' contributory negligence

Introduction

On 11 September 2017, the NSW Court of Appeal entered final orders allowing the appeal of a District Court judgment that had found against a managing agent of a residential property, in favour of its owners and tenant, as to liability to various people injured when the property's balcony collapsed.

The decision confirms that:

  • appointing a managing agent to manage residential rental premises will not necessarily be a defence to a claim for personal injury damages;

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