ALDI Foods Pty Ltd v Young

The appeal concerned a negligence claim brought by the respondent, Mr. Young, against the appellant, ALDI Foods Pty Ltd, following an incident in an ALDI store where Mr. Young tripped on a pallet jack and sustained injuries. The primary judge had found ALDI liable, and ALDI appealed to the Court of Appeal of New South Wales.

The Court of Appeal was required to determine whether the primary judge erred in several respects. These included whether the primary judge had given insufficient weight to CCTV footage and wrongly preferred Mr. Young's account of the incident, whether the finding of a breach of duty of care under section 5B of the *Civil Liability Act 2002* (NSW) was erroneous, whether the appellant's negligence caused the respondent's injuries under section 5D of the *Civil Liability Act 2002* (NSW), and whether the finding of 10 per cent contributory negligence was inadequately low. The court also considered whether the assessment of non-economic loss and future out-of-pocket expenses was manifestly excessive, and whether the award for future domestic assistance was supported by evidence.

The Court of Appeal found that the primary judge did not err in preferring Mr. Young's account over the CCTV footage, as the footage was more consistent with his version of events. The court also dismissed the grounds of appeal relating to liability, including the findings of breach of duty, causation, and contributory negligence. However, the court allowed the appeal in part, setting aside the award for future domestic assistance on a commercial basis due to a lack of supporting evidence. The court upheld the assessment of non-economic loss and future out-of-pocket expenses.

Consequently, the appeal was allowed only to the extent that the award for future domestic assistance was set aside. The judgment for the respondent in the sum of $117,000, with effect from 22 October 2014, was otherwise upheld. ALDI Foods Pty Ltd was ordered to pay 90 per cent of Mr. Young's costs.