Harris v Woolworths Ltd

[2010] NSWCA 312

NEW SOUTH WALES COURT OF APPEAL

CITATION:
Harris v Woolworths Ltd [2010] NSWCA 312

FILE NUMBER(S):
2007/265188 

HEARING DATE(S):
11 November 2010

JUDGMENT DATE:
11 November 2010

EX TEMPORE DATE:
11 November 2010

PARTIES:
Leonie Edna HARRIS  (appellant)
WOOLWORTHS LIMITED (ACN 000 014 675)  (respondent)

JUDGMENT OF:
Hodgson JA Campbell JA Young JA   

LOWER COURT JURISDICTION:
Supreme Court - Common Law Division

LOWER COURT FILE NUMBER(S):
SC 20351/07

LOWER COURT JUDICIAL OFFICER:
R A Hulme J

LOWER COURT DATE OF DECISION:
10 February 2010

LOWER COURT MEDIUM NEUTRAL CITATION:
Harris v Woolworths Ltd [2010] NSWSC 25

COUNSEL:
D P O’DOWD/ L ROBISON  (appellant)
P BLACKET SC/ D RONZANI  (respondent)

SOLICITORS:
Cox West Lawyers  (appellant)
Bartier Perry Solicitors  (respondent) 

CATCHWORDS:
TORT – Negligence – Slip by plaintiff in defendant’s store – Whether error by primary judge in not being satisfied that there was liquid on the floor, or as to causation. 

LEGISLATION CITED:
Civil Liability Act 2002 ss 5D and 5E

CATEGORY:
Principal judgment

CASES CITED:
Brady v Girvan Bros Pty Ltd (1986) 7 NSWLR 241
Drakos v Woolworths (South Australia) Limited (1991) 56 SASR 431
Fox v Percy [2003] HCA 22; (2003) 214 CLR 118
Franklins Limited v Brown [2000] NSWCA 177
Harris v Woolworths Ltd [2010] NSWSC 25
Kocis v SE Dickens Pty Ltd t/as Coles New World Supermarket [1998] 3 VR 408
Mifsud v Campbell (1991) 21 NSWLR 725
Rose v Abbey Orchard Property Investments Pty Ltd (1987) Aust Torts Report 80-121
Shoeys Pty Limited v Allan (1991) ATR 81-104
Woolworths Limited v Strong [2010] NSWCA 282

TEXTS CITED:

DECISION:
Appeal dismissed with costs.
[The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system.  Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18.  Parties should in particular note the time limit of fourteen days in Rule 36.16.]

JUDGMENT:

- 18 -

IN THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF APPEAL

2007/265188
SC 20351/07

HODGSON JA
CAMPBELL JA
YOUNG JA

Thursday 11 NOVEMBER 2010

Leonie Edna HARRIS v WOOLWORTHS LIMITED

Judgment

1. HODGSON JA: On 10 February 2010 R A Hulme J gave his decision in proceedings in which the appellant as plaintiff had sued the respondent as defendant for damages for negligence: see [2010] NSWSC 25. The primary judge gave judgment for the defendant and ordered the plaintiff to pay the defendant’s costs.

2. The plaintiff appeals from that decision. 

3. I will begin with an outline of facts not in dispute or clearly proved. 

4. Some of such facts are set out in the following extract of the judgment from the primary judge. 

   [5]At the time of the incident the plaintiff was a 44 year old woman who was employed by Kimberley-Clark Australia Pty Ltd (“Kimberley-Clark”) as a Territory Manager. She was responsible for promoting sales of her employer’s products in various retail…