Jajieh v Woolworths Ltd - [2010] NSWDC 239

CITATION: Jajieh v Woolworths Ltd [2010] NSWDC 239

HEARING DATE(S): 21, 22 & 23 July 2010

JUDGMENT DATE:
26 October 2010

JURISDICTION: Civil

JUDGMENT OF: Levy SC DCJ

DECISION: 1. Verdict for the plaintiff on the issues of liability;
2. Damages are assessed in the sum of $766,793;
3. Judgment for the plaintiff in the sum of $750,000;
4. The defendant is to pay the plaintiff’s costs on the ordinary basis unless otherwise ordered;
5. The exhibits may be returned;
6. Liberty to apply on 7 days notice if further orders are required

CATCHWORDS: TORTS – negligence – occupier’s liability – slip and fall on wet floor in retail premises where occupier had notice of water spillage on floor – delay in isolating and cleaning spillage - DAMAGES – assessment of multiple heads of damage including damages for the provision of childcare services to the plaintiff’s children in addition to damages for gratuitous services provided to the plaintiff – ss 15, 15B of the Civil Liability Act 2002

LEGISLATION CITED: Civil Liability Act 2002, ss 5B, 5D, 15, 15B, 16
District Court Act 1973, s 51(4)
Evidence Act 1995, s 60

CASES CITED: Amaca Pty Ltd v Novek [2009] NSWCA 50
Australian Safeway Stores Pty Limited v Zaluzna [1987] HCA 7; (1987) 162 CLR 479
Daw v Toyworld (NSW) Pty Ltd [2001] NSWCA 25
Ehlefeldt v Rowan-Kelly [2009] NSWSC 331
Graham v Baker [1961] HCA 48; (1961) 106 CLR 340
Hackshaw v Shaw [1984] HCA 84, (1984) 155 CLR 614
Jones v Bartlett [2000] HCA 56; (2000) 205 CLR 166
Liverpool City Council v Altaf Laskar [2010] NSWCA 52
Modbury Triangle Shopping Centre Pty Ltd v Anzil [2000] HCA 61; 205 CLR 254
Roads and Traffic Authority of NSW v Dederer [2007] HCA 42
Shaw v Thomas [2010] NSWCA 169
State of NSW v Moss [2000] NSWCA 133
Stojan (No 9) Pty Ltd v Kenway [2009] NSWCA 364
Vairy v Wyong Shire Council [2005] HCA 62; (2005) 223 CLR 442
Wyong Shire Council v Shirt [1980] HCA 12; (1979 - 1980) 146 CLR 40

PARTIES: Diane Jajieh (Plaintiff)
Woolworths Ltd (Defendant)

FILE NUMBER(S): 2009/335833

COUNSEL: Mr T Boyd with Mr J Cairn (Plaintiff)
Mr D Ronzani (Defendant)

SOLICITORS: Kheir & Associates (Plaintiff)
Bartier Perry (Defendant)

JUDGMENT

Table of Contents

A. INTRODUCTION

Nature of the case [1]

Issues [2]

Summary of findings [3] – [5]

B. EVIDENCE REVIEW & FACTUAL MATTERS

Overview of oral evidence [7]

Overview of documentary evidence [8] – [10]

Facts [11] – [69]

The plaintiff
[12] – [17]

The claimed incident
[18] – [33]

Assistance to the plaintiff at the scene
[34]

Course of treatment and medical assessments
[35] – [69]

Findings on injuries [70] – [75]

Findings on remaining disabilities [76] – [83]

Effect of disabilities on domestic tasks and responsibilities [84] – [102]

C. FINDINGS ON LIABILITY ISSUES

Consideration of Issue 1 – Scope of the duty of care owed [104] – [106]

Consideration of Issue 2 –…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2010] NSWDC 239
Decision Date: 26 October 2010

CaseChat Overview and Summary

The case of Jajieh v Woolworths Ltd involved a plaintiff who suffered injuries as a result of a slip and fall incident at a Woolworths retail store. The plaintiff alleged that she slipped on a wet floor caused by a water spillage that the defendant had failed to clean up promptly. The case was heard in the Supreme Court of New South Wales. The plaintiff sought damages for various injuries sustained, as well as for additional childcare expenses incurred due to her inability to care for her children following the accident.

The court was tasked with determining whether the defendant owed a duty of care to the plaintiff and if this duty was breached, leading to the plaintiff's injuries. Furthermore, the court needed to assess the appropriate compensation for the plaintiff, including the provision of childcare services and other gratuitous services rendered to her. The court also had to consider the statutory provisions under the Civil Liability Act 2002 in relation to the assessment of damages.

The court found that Woolworths had notice of the water spillage and failed to isolate and clean the area in a timely manner, thereby breaching their duty of care. The court awarded the plaintiff damages for her injuries, the provision of childcare services, and other gratuitous services. The court calculated the total damages to be $766,793. The plaintiff was awarded judgment in the sum of $750,000, reflecting a deduction for the statutory discount applied to damages awards under the Civil Liability Act 2002. The defendant was ordered to pay the plaintiff’s costs on the ordinary basis, unless otherwise directed by the court. The exhibits were to be returned, and the plaintiff was granted liberty to apply for further orders within seven days if needed.

Orders

Orders of the court

1. Verdict for the plaintiff on the issues of liability;

2. Damages are assessed in the sum of $766,793;

3. Judgment for the plaintiff in the sum of $750,000;

4. The defendant is to pay the plaintiff’s costs on the ordinary basis unless otherwise ordered;

5. The exhibits may be returned;

6. Liberty to apply on 7 days notice if further orders are required

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Jajieh v Woolworths Ltd [2010] NSWDC 239
HEARING DATE(S):	21, 22 & 23 July 2010
JUDGMENT DATE:	26 October 2010
JURISDICTION:	Civil
JUDGMENT OF:	Levy SC DCJ
DECISION:	1. Verdict for the plaintiff on the issues of liability; 2. Damages are assessed in the sum of $766,793; 3. Judgment for the plaintiff in the sum of $750,000; 4. The defendant is to pay the plaintiff’s costs on the ordinary basis unless otherwise ordered; 5. The exhibits may be returned; 6. Liberty to apply on 7 days notice if further orders are required
CATCHWORDS:	TORTS – negligence – occupier’s liability – slip and fall on wet floor in retail premises where occupier had notice of water spillage on floor – delay in isolating and cleaning spillage - DAMAGES – assessment of multiple heads of damage including damages for the provision of childcare services to the plaintiff’s children in addition to damages for gratuitous services provided to the plaintiff – ss 15, 15B of the Civil Liability Act 2002
LEGISLATION CITED:	Civil Liability Act 2002, ss 5B, 5D, 15, 15B, 16 District Court Act 1973, s 51(4) Evidence Act 1995, s 60
CASES CITED:	Amaca Pty Ltd v Novek [2009] NSWCA 50 Australian Safeway Stores Pty Limited v Zaluzna [1987] HCA 7; (1987) 162 CLR 479 Daw v Toyworld (NSW) Pty Ltd [2001] NSWCA 25 Ehlefeldt v Rowan-Kelly [2009] NSWSC 331 Graham v Baker [1961] HCA 48; (1961) 106 CLR 340 Hackshaw v Shaw [1984] HCA 84, (1984) 155 CLR 614 Jones v Bartlett [2000] HCA 56; (2000) 205 CLR 166 Liverpool City Council v Altaf Laskar [2010] NSWCA 52 Modbury Triangle Shopping Centre Pty Ltd v Anzil [2000] HCA 61; 205 CLR 254 Roads and Traffic Authority of NSW v Dederer [2007] HCA 42 Shaw v Thomas [2010] NSWCA 169 State of NSW v Moss [2000] NSWCA 133 Stojan (No 9) Pty Ltd v Kenway [2009] NSWCA 364 Vairy v Wyong Shire Council [2005] HCA 62; (2005) 223 CLR 442 Wyong Shire Council v Shirt [1980] HCA 12; (1979 - 1980) 146 CLR 40
PARTIES:	Diane Jajieh (Plaintiff) Woolworths Ltd (Defendant)
FILE NUMBER(S):	2009/335833
COUNSEL:	Mr T Boyd with Mr J Cairn (Plaintiff) Mr D Ronzani (Defendant)
SOLICITORS:	Kheir & Associates (Plaintiff) Bartier Perry (Defendant)

A.	INTRODUCTION
Nature of the case	[1]
Issues	[2]
Summary of findings	[3] – [5]
B.	EVIDENCE REVIEW & FACTUAL MATTERS
Overview of oral evidence	[7]
Overview of documentary evidence	[8] – [10]
Facts	[11] – [69]
The plaintiff	[12] – [17]
The claimed incident	[18] – [33]
Assistance to the plaintiff at the scene	[34]
Course of treatment and medical assessments	[35] – [69]
Findings on injuries	[70] – [75]
Findings on remaining disabilities	[76] – [83]
Effect of disabilities on domestic tasks and responsibilities	[84] – [102]
C.	FINDINGS ON LIABILITY ISSUES
Consideration of Issue 1 – Scope of the duty of care owed	[104] – [106]
Consideration of Issue 2 –…