Property and Real Estate Gazette (2nd edition)

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8 Property and Real Estate Gazette
Facts
A recent decision in the New South Wales Court of
Appeal, Schultz v McCormack [2015] NSWCA 330,
provides further commentary in relation to the duty of
care owed by a property owner to ensure that entrants
to a property are kept safe from hazards.
By analogy, the decision has relevance to the real
estate industry in that it provides a further reminder
that property managers must thoroughly inspect
all properties which they are retained to manage
for potential hazards and safety issues, and take
positive steps to warn occupants and entrants to those
properties of the risks.
Introduction
Ms Schultz, the appellant, was a visitor to a property
owned by Mr and Mrs McCormack, the respondents.
The appellant was injured when she slipped and fell on
a tiled floor, which was, in essence, the top step of the
verandah of the property.
The incident occurred at about midnight, with the step
becoming wet due to rain earlier in the evening. The
respondents had owned the property since 1980 and
in around 2004 to 2005, had tiled the front verandah.
The respondents maintained that since tiling the
verandah at the property they had not noticed anything
in relation to the slipperiness of the verandah when
they entered or exited the property. The respondents
also maintained that had been no other accidents on
the tiles.
As a result of the incident, the appellant suffered a
fracture of her right ankle and soft tissue injuries to
her left shoulder, left hip and lower back. The appellant
initially commenced proceedings in the NSW District
Court.
Case Note
Schultz v McCormack [2015] NSWCA 330
Damages
Duties owed by a property owner to entrants to a property examined by the New South
Wales Court of Appeal.