Anne Christina Benton v Tea Tree Plaza Nominees Pty Ltd and Westfield Shopping Centre Management Company Pty Ltd No. SCGRG 94/417 Judgment No. 5144 Number of Pages 28 Negligence Apportionment Damages (1995)

This is an appeal against a judgment of the District Court of South Australia and a cross-appeal by the respondents against the judgment. The appellant, Ms Anne Christina Benton, fell in a carpark, tripping on a kerb. She sued for damages. The respondents were the owners and occupiers of the carpark. They denied negligence and pleaded contributory negligence. At first instance, the trial judge found the respondents to have been guilty of negligence and awarded damages. She found the appellant to be 30 per cent responsible for the injuries she suffered and reduced the damages awarded by 30 per cent. The appellant appealed, arguing that the respondents were not negligent, and that she was not contributorily negligent. The respondents cross-appealed, arguing that the trial judge should not have found the respondents to be negligent, and that the damages awarded were inadequate. The appeal and cross-appeal were dismissed. The Full Court allowed the appeal and dismissed the cross-appeal. The Full Court found that the trial judge was correct to find the respondents to be guilty of negligence. The Full Court found the respondents to be 70 per cent responsible for the appellant's injuries, and the appellant to be 30 per cent responsible. The Full Court found that the damages awarded were inadequate. The Full Court increased the damages awarded to the appellant by $35,000.