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One for the record – landlords prevail in tenant’s claim with negligence finding against agents

Than v Galletta & Ors [2019] NSWDC 9

The District Court of New South Wales (Levy DCJ) had occasion this month to find for landlords against their managing agents. This ruling was in respect of cross-claims exchanged in negligence proceedings brought by an injured tenant. The express indemnity in the managing agency agreement, which turned on the agents’ proper performance of duties, was not engaged. The court held that the agents by their inaction had breached their duty of care to the tenant, with the result that the agents alone bore liability for the tenant’s claim for damages.

The plaintiff’s claim for future economic loss raised some interesting issues, given the office-based and professional nature of her work.

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