When both landlord and tenant owe a duty of care to other persons

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In Libra Collaroy Pty Ltd v Bhide, the balcony of a residential property collapsed and injured the tenant and other persons. The tenant commenced proceedings against the landlord, and the other injured persons commenced proceedings against the tenant and landlord. The issue was whether the landlord and the tenant breached a duty of care owed to the other persons. The landlords had delegated the management of the property to an agent. The Court held that the landlord breached its duty of care owed to the tenant and other persons, since the agent was not discharging its duty competently. The tenant also breached a duty of care owed to the other persons since she had previously discovered that the balcony was defective and should have refused anyone access to the balcony until it was fixed.

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