Jenkins v Sydney Markets Ltd

The New South Wales Court of Appeal considered an appeal by the plaintiff, Jenkins, against the decision of the primary judge who had dismissed his claim for damages for personal injury against the defendant, Sydney Markets Ltd. The plaintiff alleged that he had suffered injury as a result of a fall on a slippery surface within the defendant's market premises.

The central legal issue before the Court of Appeal was whether the primary judge had erred in finding that the defendant had discharged its duty of care to the plaintiff. Specifically, the court had to determine if the defendant had taken all reasonable precautions to prevent foreseeable harm to persons lawfully on its premises, particularly in relation to the maintenance of floor surfaces.

The Court of Appeal, in allowing the appeal, found that the primary judge had made an error in assessing the evidence regarding the defendant's system of inspection and cleaning. The court held that the evidence did not establish that the defendant had a reasonable system in place to deal with the foreseeable risk of slippery surfaces in the market, especially given the nature of the operations conducted there. The defendant's system of inspection and cleaning was found to be inadequate, and therefore, the defendant had breached its duty of care to the plaintiff.

The Court of Appeal ordered that the appeal be allowed, set aside the orders of the primary judge, and remitted the matter to the Supreme Court for a new trial on the issue of damages.