Brannigan v Westfield

CITATION:	Brannigan v Westfield & Ors [2007] NSWDC 99
HEARING DATE(S):	16/04/07 - 19/4/07
JUDGMENT DATE:	2 May 2007
JURISDICTION:	Civil
JUDGMENT OF:	Goldring DCJ
DECISION:	Verdict for the plaintiff against the first and third defendants in the sum of $588,125. Dismiss cross-claim.
CATCHWORDS:	Negligence - occupier's liability - duty of care - causation
LEGISLATION CITED:	Workers' Compensation Act 1987 Civil Liability Act 2002
CASES CITED:	Hampton Court Pty Limited v Crooks (1957) 97 CLR 367 Brady v Girvan Bros Pty Limited (1986) 7 NSWLR 241 Brown v Target Australia Pty Limited (1994) 37 SASR 145 Sleiman v Franklin Food Stores Pty Limited (1989) Aust Torts Rep 80-266 Griffin v Coles Myer Ltd (1991) Aust Torts Rep 81-109 Kelly v Lend Lease Retail Pty Limited (1993) Aust Torts Rep 81-216 Glasgow Corporation v Muir [1943] AC 448 Jones v Dunkel (1958-59) 101 CLR 28 Capral Aluminium Ltd v Komljenovic [2001] NSWCA 173
PARTIES:	Nathan Brannigan (Plaintiff) Westfield Shopping Centre Management Co Pty Ltd (First Defendant) Nicholas Maropoulos T/as Zisti Poultry Market (Second Defendant) Greenflower Pty Ltd formerly P & H Property Services Pty Ltd (Third Defendant)
FILE NUMBER(S):	4452 of 2004
COUNSEL:	J. Trainor (Plaintiff) M.S. White (First & Third Defendants) B. Hull (Second Defendant)
SOLICITORS:	Maurice Blackburn Cashman (Plaintiff) McCabe Terrill Lawyers Pty Ltd (First & Third Defendants) Home Wilkinson Lawyers (Second Defendant)

JUDGMENT

1 Nathan Roy Brannigan claims damages as compensation for injuries that he says result from an incident on or about 24 October 2001 at about 9.30 am. His Statement of Claim says 25 October, but I find that the incident occurred on 24 October.

The incident

2 At the time Mr Brannigan worked as a butcher for Joe's Meats, at their shop in Westfield Liverpool. This shop is in the fresh food court of a large shopping centre.

3 He started work, as usual, at about 7 a.m. He cut up meat and prepared the displays of meat for the shop, before having a cooked breakfast with his workmates. Before he resumed work, he left the shop through the back door to have a cigarette and make a phone call on his mobile phone. As he turned the corner to enter the part of the corridor leading to the loading dock area, he put his left foot on a flattened cardboard carton, which was on the ground. The cardboard carton slid forward, throwing him off balance. He attempted to stop himself falling by putting his right foot down firmly. He says that the cardboard carton under his left foot had moved, and that his right foot was on the concrete surface. However, the concrete was covered with oil or grease and his right foot also slid so that, in effect, he did the "splits" and landed on the ground. He says he immediately felt a twisting or bending movement in his back and acute pain. He returned to the butcher's shop and reported the incident to the manager, Mr Craig Solomons. Mr Solomons gave evidence…