District Court
New South Wales
Medium Neutral Citation: Baker v Bunnings Group Limited [2020] NSWDC 310 Hearing dates: 4-8 May 2020; 12 May 2020; 21 May 2020 Date of orders: 18 June 2020 Decision date: 18 June 2020 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) Judgment for the defendant.
(2) The plaintiff is to pay the costs of the defendant of the proceedings as agreed or assessed.
(3) Liberty to any party to make an application within 14 days to vary order (2) above.
(4) The exhibits are to be retained for 28 days.Catchwords: Torts – negligence – Civil Liability Act claim – plaintiff falls on edge of kerb of raised concrete island in carpark of store operated by the defendant – whether defendant store operator breached a duty of care owed to the plaintiff – whether warning was required of kerb – whether some other delineation of kerb required – whether the passage over the island should have been prevented by ropes or barriers – degree of loss of the plaintiff – quantum of domestic assistance to be awarded to the plaintiff Legislation Cited: Civil Liability Act 2002 (NSW), ss 15, 15B and 16
Civil Liability (Non-economic Loss) Amendment Order 2019
Evidence Act 1995 (NSW), s 136
Work Health & Safety Act 2011 (NSW)
Work Health & Safety Regulation 2011 (NSW)Cases Cited: Argo Managing Agency Ltd v Al Kammessy [2018] NSWCA 176
Australian Safeway Stores Pty Ltd v Zaluzna (1987) 162 CLR 479
Brodie v Singleton Shire Council [2001] HCA 29; (2001) 206 CLR 512
Bruce v Apex Software Pty Ltd [2018] NSWCA 330
Burwood Council v Byrnes [2002] NSWCA 343
Council of the City of Sydney v Bishop [2019] NSWCA 157
Ghantous v Hawkesbury City Council (2001) 206 CLR 512; [2001] HCA 29
Jackson v McDonald’s Australia Ltd [2014] NSWCA 162
Lloyd v Thornbury [2019] NSWCA 154
Miller v Galderisi [2009] NSWCA 353
Neindorf v Junkovic [2005] HCA 75; (2005) 222 ALR 631
Patrick Stevedores Operations (No 2) Pty Ltd v Hennessy [2015] NSWCA 253
Ryde City Council v Saleh [2004] NSWCA 219
Samco Pty v Wurth [2015] NSWCA 117
Smith v Alone [2017] NSWCA 287
Strong v Woolworths Limited [2012] HCA 5; (2012) 246 CLR 182
Wallace v Kam [2013] HCA 19; (2013) 250 CLR 375
White v Benjamin [2015] NSWCA 75
Whitton v Dexus Funds Management Ltd [2019] NSWDC 579Category: Principal judgment Parties: Shirley‑Ann Baker (Plaintiff)
Bunnings Group Limited (Defendant)Representation: Counsel:
Solicitors:
E G Romaniuk SC and S J Roulstone (Plaintiff)
G Jensen (Defendant)
LHD Lawyers (Plaintiff)
McCabe Curwood (Defendant)
File Number(s): 2018/00307583
Judgment
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In these proceedings, the plaintiff, Ms Shirley-Ann Baker, brings a claim against the defendant, Bunnings Group Ltd, the operator of a hardware store situated at the relevant time at 215 Lake Road, Port Macquarie in the State of New South Wales, for damages in relation to personal injury suffered by the plaintiff on 25 October 2017 when she fell from a kerb…
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- AGLC
- Baker v Bunnings Group Limited [2020] NSWDC 310
- Case
- [2020] NSWDC 310
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the defendant breached a duty of care owed to the plaintiff and, if so, whether the plaintiff’s loss was too remote to attract liability. The court considered the foreseeability of the plaintiff’s injury, the risk of harm, and the measures that a reasonable person in the defendant’s position would have taken to prevent the risk. The court also considered the degree of loss the plaintiff suffered and the quantum of domestic assistance to be awarded to the plaintiff.
The court found that the defendant did not breach a duty of care owed to the plaintiff. The court held that the risk of the plaintiff falling on the kerb was not reasonably foreseeable and that the defendant had taken reasonable steps to warn visitors of the risk. The court also found that the plaintiff’s injuries were not a reasonably foreseeable consequence of the defendant’s conduct. The court held that the plaintiff’s loss was too remote to attract liability. The court further found that the plaintiff had not suffered any significant degree of loss and that no award of domestic assistance was warranted.
The court made a judgment in favour of the defendant and ordered that the plaintiff pay the defendant’s costs of the proceedings. The court also granted liberty to any party to make an application within 14 days to vary the costs order. The court ordered that the exhibits be retained for 28 days.
Orders
Orders of the court
(1) Judgment for the defendant.
(2) The plaintiff is to pay the costs of the defendant of the proceedings as agreed or assessed.
(3) Liberty to any party to make an application within 14 days to vary order (2) above.
(4) The exhibits are to be retained for 28 days.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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