Plaintiff or Defendant

Might have to be representing both parties

A case on behalf both plaintiff/defendant (the client).

On 1 May 2021 a new restaurant, Wildfire, opened in Mollymook, NSW. The restaurant is owned and operated by Ross. Ross leased the premises, an old fisherman's cottage ('the cottage'), from Jasmine.

There is a large grassy terraced garden behind the cottage ('the sunken garden') which is also owned by Jasmine but does not form part of the premises leased to Ross. There is a fence, with a gate, separating the cottage from the sunken garden.

Samantha asked a waiter for directions to the toilets and the waiter pointed down the corridor saying that they were 'out the back'. Samantha walked straight past the toilet door as it was unmarked, and went out through the back door, which was open. Thinking the toilet must be in the garden, she walked through the small gate in the fence, which was unlocked. Samantha then tripped on a piece of limestone in the dark and fell into the sunken garden. She has broken her arm and her mobile telephone, and will miss 6 months of work.