Khanna v Woolworths Group Limited (no 2)

The plaintiff, Khanna, sued Woolworths Group Limited for negligence, claiming that his wife tripped on goods near an aisle in one of their stores, causing her to fall and him to be injured in an attempt to support her. The case was heard in a court of law, and the primary dispute was whether Woolworths breached its duty of care, leading to the injuries claimed by Khanna. Additionally, the court had to determine the nature and extent of any injuries suffered by Khanna in the incident. The plaintiff's case was complicated by his extensive history of pre-accident and post-accident injuries and conditions, which needed to be differentiated from any injuries resulting from the alleged incident at Woolworths.

The court examined whether the injuries claimed by Khanna were indeed caused by the fall at Woolworths and if there was a breach of duty of care by the defendant. Given Khanna's extensive history of injuries and conditions, the court needed to establish a causal link between the fall and any injuries sustained at the time of the incident. Furthermore, the court considered the statutory limitations on personal injury claims, specifically sections 50C and 50D of the Civil Liability Act 2002 (NSW). These sections required the court to assess the relevance of Khanna's pre-existing conditions and how they might affect the liability of Woolworths.

After thorough examination of the evidence and legal arguments, the court ruled in favour of Woolworths. The court found that the injuries claimed by Khanna were not sufficiently linked to the fall at the store, and there was no breach of duty of care by Woolworths. The court determined that the injuries, if any, were not a result of the incident at Woolworths but rather part of Khanna's pre-existing conditions. Consequently, the court dismissed the plaintiff's claim and ordered that Woolworths was to be awarded its costs of the proceedings. Khanna was directed to pay these costs as agreed or assessed, with an option for the parties to apply within 14 days for a different costs order.