Case Studies
No liability established in case against real estate agent
Bye v Hend & Anor [2025] ACTSC 555
The plaintiff commenced proceedings in the ACT Supreme Court against her landlord and the managing real estate agent, for an alleged electric shock and subsequent injuries received while activating a light switch at a residential rental property. HBA Legal represented the managing agent.
The key issues in dispute were whether the electric shock incident had occurred as alleged; if there was some defect in the light switch which caused this; and if the defendants knew, or ought to have known, of this defect.
The defendants successfully established, during cross examination of the plaintiff, that her evidence was contradictory, inaccurate, and in some cases dishonest.
As a result, Balla AJ found that the plaintiff was so unreliable be that her evidence would only be accepted if it was corroborated by independent contemporaneous material. Since such material was not before the Court, the Court found that the occurrence of the shock was not proven and thus found in favour of the defendants.
Her Honour also noted that in the alternative, as there was no identifiable risk of harm, no evidence of visible defects to the light switch, and no basis to find the defendants ought to have known of any defect, even if the shock had occurred, no liability on the part of the defendants had been established.
