John William Sinclair v Coles Supermarkets Australia Pty Ltd

SUPREME COURT OF QUEENSLAND

CITATION:

John William Sinclair v Coles Supermarkets Australia Pty Ltd [2024] QSC 175

PARTIES:

JOHN WILLIAM SINCLAIR
(applicant)

v
COLES SUPERMARKETS AUSTRALIA PTY LTD

(respondent)

FILE NO:

5934 of 2024

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

21 August 2024

DELIVERED AT:

Brisbane

HEARING DATE:

5 June 2024

JUDGE:

Martin SJA

ORDERS:

1     Within 14 days of today’s order, the respondent is to provide information that is in its possession about previous incidents at the Hope Island store which are similar to the incident alleged by the applicant.

2     The respondent is to pay 20% of the applicant’s costs on the standard basis.

CATCHWORDS:

PROCEDURE – MISCELLANEOUS PROCEDURAL MATTERS – PERSONAL INJURY OR FATAL ACCIDENTS PROCEEDINGS – OTHER MATTERS – where the applicant claims that he slipped and fell while shopping in the respondent’s store due to water on the floor – where the applicant sought information and documents from the respondent pursuant to s 27 of the Personal Injuries Proceedings Act 2002 (Qld) – where the applicant claims the respondent’s response to the request was inadequate – where the applicant seeks records regarding any previous or similar incidents and complaints about safety – where the applicant claims he was told by an employee of the respondent that there was video footage of the incident – where the applicant seeks a copy of that video footage, or in the alternative, statutory declarations from particular employees of the respondent as to why the footage ceased to exist or does not exist – whether the respondent is required to provide information about the existence of prior, similar incidents – whether the respondent is required to provide an explanation or verification as to CCTV footage or lack thereof

Personal Injuries Proceedings Act 2002 (Qld), s 4, s 21, s 27, s 31, s 32, s 35

Day v Woolworths Ltd [2016] QCA 337, cited
SDA v Corporation of the Synod of the Diocese of Rockhampton [2021] QCA 172, cited

COUNSEL:

L Smith for the applicant

M Edwards (solicitor) for the respondent

SOLICITORS:

Littles Lawyers for the applicant

Bray Lawyers for the respondent

1. Mr Sinclair claims that, on 12 February 2024, when he was shopping in the respondent’s Hope Island store, he slipped and fell due to there being water on the floor in the store’s fruit and vegetable section.

2. An “Incident Report” was created by a Coles employee. It contains the following:

   (a)the incident is described in this way:

   “Customer has slipped on water from an ice trolley and landed on their right hip. First aid and medical treatment not required.”

   (b)the injury type was described as “Bruise/Contusion, Hip, Right”;

   (c)the answer to “Was the incident a slip or a fall?” was “Yes”; and

   (d)the answer to “Was incident captured on CCTV?” was “Yes”.

3. In his submissions Mr Edwards told me, without objection, that Coles had disclosed a maintenance report the day before the hearing which showed that the plug for…