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ARTICLE · 26 JANUARY 2012

Falling Ceiling Panels and the Civil Liability Act 2002 (WA)

Her Honour found that there was a likelihood of serious harm if any ceiling panels fell and precautions were not taken.

AustraliaReal Estate and Construction
Nicky Pereira (Previously With Kott Gunning)
Nicky Pereira (Previously With Kott Gunning)
Sarah MacLean
Sarah MacLean
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Barnes v New Zealand Holdings Pty Ltd [ 2011] WADC 208. Decision of District Court Judge Davis on 24 November 2011.

The Defendant was carrying on the business of installing a fire system at the Forrest Chase Centre, Forrest Place, Perth. Part of the Defendant's work involved running cabling through the ceiling area of Myer at Forrest Place from and to retail outlets next to Myer, to connect the retail outlets to the fire system. At 8.30am on 25 March 2008, an apprentice electrician of the Defendant began cabling work in a chemist next to Myer. The work he did was captured on CCTV footage as he was working from a ladder close to a set of glass automatic sliding doors. He placed 3 orange coloured cones around the feet of the ladder, and these protruded into the door space of the automatic doors.

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