Charlene May Meneghello v Coles Supermarkets Australia Pty Limited

[2014] HCASL 78

CHARLENE MAY MENEGHELLO

v

COLES SUPERMARKETS AUSTRALIA PTY LIMITED

[2014] HCASL 78
S173/2013

1. The applicant seeks special leave to appeal against orders of the Court of Appeal of the Supreme Court of New South Wales, allowing an appeal against the judgment and orders of the District Court of New South Wales.  The District Court (Kearns DCJ) held that the respondent was negligent in allowing two pieces of cardboard to lie on the floor of its supermarket, on which the applicant slipped and suffered injury.  Damages of $119,024 were awarded.

2. The Court of Appeal (Barrett, Ward and Emmett JJA) allowed the respondent's appeal, finding that the applicant did not establish that she stepped on the cardboard.  The Court of Appeal further found that the applicant failed to establish that the presence of two small pieces of cardboard on the floor of the supermarket constituted a risk of harm to which the respondent's duty of care extended. 

3. We see no reason to doubt the correctness of the conclusions reached by the Court of Appeal.  Those conclusions depended upon the application of settled principles to the particular facts of this case.  No question of principle would arise for determination if special leave to appeal were granted.  An appeal to this Court would enjoy insufficient prospects of success to warrant a grant of special leave.

4. Pursuant to r 41.11.1 of the High Court Rules 2004 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

K.M. Hayne
2 April 2014 S.M. Crennan