Forge v Atlantic Cleaning and Security Pty Limited

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Forge v Atlantic Cleaning & Security Pty Limited [2015] NSWDC 37
Hearing dates:	24 and 25 March 2015
Date of orders:	30 March 2015
Decision date:	30 March 2015
Jurisdiction:	Civil
Before:	Elkaim SC DCJ
Decision:	Judgment for the plaintiff for $64,955.87
Catchwords:	Slip and fall, causation, effect of subsequent injuries.
Legislation Cited:	Civil Liability Act 2002
Cases Cited:	Coles Supermarkets Australia Pty Limited v Haleluka [2012] NSWCA 343 Hirst v Sydney South West Area Health Service [2011] NSWSC 644 Watts v Rake (1960) 108 CLR 158
Category:	Principal judgment
Parties:	Donna Forge (Plaintiff) Atlantic Cleaning & Security Pty Limited (Defendant)
Representation:	Counsel: E Welsh (Plaintiff) S Walsh (Defendant) Solicitors: Brydens Law Office (Plaintiff) Thompson Cooper Lawyers (Defendant)
File Number(s):	2014/00063387
Publication restriction:	No

Judgment

1. On 1 December 2011 the plaintiff was injured when she slipped while shopping in the Westfield Shopping Centre at Liverpool. The defendant company was contracted to clean the Centre at the relevant time. The plaintiff has sued the defendant alleging that it was responsible for her fall and that as a result of the fall she has suffered loss and will continue to do so into the future.

2. The action is governed by the Civil Liability Act 2002 (the “CLA”). The plaintiff has claimed damages under the following heads: non-economic loss, past and future medical expenses, past and future domestic assistance and an economic loss buffer for the future.

3. The defendant admits that it was the cleaner and that it owed the plaintiff a duty of care. It denies it breached the duty. The defendant also challenges the extent of the plaintiff’s damages claim.

4. The plaintiff’s background is generally set out in the chronology (Exhibit A). By 2011 she was living with her husband in a four bedroom house in West Hoxton. She was working in a managerial role at Titan Wheels Australia. She remains in the same employment although her title has changed. She earns a gross wage of about $105,000 per annum.

5. The plaintiff said that she shared the housework with her husband before her fall. There were some tasks that she carried out exclusively such as cleaning the bathrooms, vacuuming, sweeping, mopping and ironing. She was also responsible for gardening, although her husband did the lawns and trimming. She and her husband shared the tasks of washing, shopping and cooking.

6. The plaintiff estimated that she spent about an hour a day on maintaining the state of the home during the week and then about four hours on the weekend doing the bulk of the housework.

7. The plaintiff said that she and her husband were keen walkers and water skiers. The latter activity was only carried out in summer and she could not remember the last time she had water skied prior to her fall. The plaintiff was fit and well before she fell. She certainly had no difficulties with her knees.

The fall

8. On 1 December 2011 the plaintiff went…