Jones v Bartlett

[2000] HCA 56
Judgment date
Case number
P59/1999
Before
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Catchwords

Negligence – Duty of care - Person lawfully on premises injured by glass door - Scope of landlord's duty of care to a person who resides on premises - Scope of landlord's duty of care in respect of state of premises - Whether duty to have premises inspected by expert.

Contracts – Tenancy agreement - Whether s 11 of the Property Law Act 1969 (WA) allows a third party to sue for breach of tenancy agreement.

Statutory liability – Occupiers' liability - Whether landlord was an "occupier of premises" under s 5(1) of the Occupiers' Liability Act 1985 (WA) - Duty of landlord under s 9(1) of the Occupiers' Liability Act 1985 (WA).

Residential Tenancies Act 1987 (WA) – s 42.

Property Law Act 1969 (WA) – s 11.

Occupiers' Liability Act 1985 (WA) – ss 5(1), 9(1).

Words and phrases – "occupier of premises".

Files
56.rtf (150.15 KB)
56.pdf (344.53 KB)