Furner v Jackson

Case [2023] NSWSC 914


Supreme Court


New South Wales

  • Amendment notes
Medium Neutral Citation: Furner v Jackson [2023] NSWSC 914
Hearing dates: 25, 26, 27 July and 26, 27 September 2022
Date of orders: 3 August 2023
Decision date: 03 August 2023
Jurisdiction:Common Law
Before: Harrison AsJ
Decision:

(1) I propose to enter the first, second and fourth defendants are to pay the plaintiff damages in the sum of $1,509,512, arising from an accident that occurred on 18 January 2020, once the calculations have been checked by the parties.

(2) The defendants are to pay the plaintiff’s costs.

Catchwords:

NEGLIGENCE – General principles – Duty of care – Foreseeability of risk – Causation – Personal injuries – Slip and fall – Occupier’s liability – Expert medical evidence – Liability established – Damages.

Legislation Cited:

Civil Liability Act 2002 (NSW) 5, 5B, 5C, 5D and 5E

Uniform Civil Procedure Rules 2005 (NSW) r 5

Cases Cited:

Adeels Palace Pty Ltd v Moubarak; Adeels Palace Pty Ltd v BouNajem (2009) 239 CLR 420; [2009] HCA 48

Cupac v Cannone [2015] NSWCA 114

Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588; [2011] HCA 21

Derrick v Cheung (2001) 181 ALR 301; [2001] HCA 48

Larson v Commissioner of Police [2004] NSWCA 126

Majkic v Bonnano [2008] NSWCA 253

Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705; [2001] NSWCA 305

Manly Municipal Council v Skene [2002] NSWCA 385

Mobbs v Kain (2009) 54 MVR 179; [2009] NSWCA 301

Patrick Stevedores Operations (No 2) Pty Ltd v Hennessy [2015] NSWCA 253

Roads and Traffic Authority v Dederer (2007) 234 CLR 330; [2004] HCA 42

Thornton v Sweeney [2011] NSWCA 244

Wyong Shire Council v Shirt (1980) 146 CLR 40; [1980] HCA 12

Krickovic v The Star Pty Ltd [2019] NSWDC 594

Wallace v Kam [2013] HCA 19, 250 CLR 375

Paul v Cooke (2013) 85 NSWLR 167; [2013] NSWCA 311

Woolworths Ltd v Strong [2010] NSWCA 282

Mouin Junior Dalati v Shereen Rifat Brown [2020] NSWSC 783

Sangha v Baxter [2009] NSWCA 78

Thornton v Telegraph Media Group Ltd [2011] EWHC 1884 (QB)

Texts Cited:

Sir Richard Eggleston QC Evidence, Proof and Probability (Weidenfeld and Nicolson, 1978)

Category:Principal judgment
Parties: Kellie Furner (Plaintiff)
Alan James John Jackson (First Defendant)
Linda Kondouras (Second Defendant)
CK1 Realty Pty Ltd (Fourth Defendant)
Representation:

Counsel:

P. Khandar SC with E. Anderson (Plaintiff).
A. Ahmad and N. Hogan (Defendants).

Solicitors:

Brydens Lawyers Pty Limited (Plaintiff).
Holman Webb Lawyers (Defendants).
File Number(s): 2020/00227032-1

Contents

JUDGMENT

Background

The medical experts

The pleading framework

Background

Text Messages

Credibility of parties

The plaintiff’s submissions on her credibility

Use of medication

The reliability of Mr Furner

Liability Principles

Causation – the law

Prior neck pain

Contributory negligence

After the accident

Medical evidence

Diagnosis

Inconsistencies in presentation

Pre-existing injuries

Conclave evidence – Dr Lee and Ms Glancey

Quantum

Non-economic loss

Past-economic loss

Future earning capacity

Past loss of superannuation

Future loss of superannuation

Past out-of-pocket…

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Details
AGLC
Furner v Jackson [2023] NSWSC 914
Case
[2023] NSWSC 914
Decision Date

CaseChat Overview and Summary

The matter before the court involved a dispute between Furner, the plaintiff, and Jackson, the defendant, arising from an incident where Furner slipped and fell on a wet floor at Jackson’s premises, resulting in personal injuries. The case was heard in the District Court of New South Wales. Furner sought damages for the injuries sustained, claiming that Jackson, as the occupier of the premises, had failed in his duty of care to ensure the safety of visitors.

The primary legal issues for the court to decide were whether Jackson owed Furner a duty of care, whether that duty was breached by the wet floor condition, and if the breach caused Furner’s injuries. Additionally, the court had to consider the extent of Furner’s damages and whether expert medical evidence was required to substantiate the claimed injuries. The court examined the principles of negligence, including foreseeability of risk, causation, and the applicable standards of care expected from an occupier.

The court found that Jackson, as the occupier, owed Furner a duty of care to ensure the premises were reasonably safe for visitors. The wet floor condition was deemed a foreseeable risk that could result in injury, and the evidence demonstrated that Jackson had knowledge of the wet floor but failed to take adequate steps to mitigate the risk. The court accepted that the wet floor directly caused Furner’s fall and subsequent injuries, establishing a clear causal link. The court also found that Furner’s injuries were substantiated by medical evidence provided, and damages were assessed accordingly. The court ruled in favour of Furner, holding Jackson liable for negligence and awarded Furner damages for the injuries sustained.

Orders

Orders of the court

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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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