Chandra v Bunnings Group Ltd

The plaintiff, employed as a delivery driver for a third party, was injured while attempting to park his vehicle in a car park adjacent to the defendant's warehouse. He slipped and fell on submerged and concealed forklift tines covered by pooled water on the floor of the access way leading from the warehouse to the car park. The plaintiff sued the defendant for damages, alleging negligence on the part of the occupier of the premises. The defendant opposed the claim, contending that the risk was obvious or that it had taken reasonable care to minimise the risk of injury.

The court was required to determine whether the defendant was negligent in failing to warn the plaintiff of the concealed tines and whether the risk was an obvious one within the meaning of s 5F of the Civil Liability Act 2002. The court also needed to consider the defendant’s application for an adjournment to obtain a medical examination of the plaintiff, under s 56 of the Civil Procedure Act 2002. Finally, the court needed to assess the plaintiff's multiple heads of damage under the Civil Liability Act 2002.

The court held that the risk posed by the submerged and concealed tines was not an obvious one. It found that a reasonable person in the position of the plaintiff would not have been aware of the risk, given the circumstances. The court also dismissed the defendant’s application for an adjournment, finding that the statutory requirements of s 56 had not been met. The court awarded the plaintiff damages for pain and suffering, loss of earnings and out-of-pocket expenses, totalling $402,624. It also ordered the defendant to pay the plaintiff’s costs.

The court ordered that the defendant pay the plaintiff $402,624 together with the plaintiff's costs.