Kingi-Rihari v Millfair Pty Ltd t/as the Arthouse Hotel

In the Federal Circuit Court, Kingi-Rihari brought a claim against Millfair Pty Ltd, trading as the Arthouse Hotel, following a slip and fall incident at the premises. The plaintiff alleged that she slipped and fell due to the floor being wet, and that this was caused by the defendant's negligence in failing to ensure that the floor was dry. The defendant denied liability and argued that the plaintiff had contributed to the accident by wearing thongs and by suffering from an old knee injury. The court was required to determine whether the floor was wet at the time of the incident, whether the wetness was caused by the plaintiff's actions, whether the plaintiff's footwear or knee injury contributed to the fall, and if the defendant was liable for any damages claimed.

The court found that the CCTV footage did not establish that the floor was wet as a result of the plaintiff's actions. Additionally, it was not established that the plaintiff fell due to wearing thongs or because of her old knee injury. The court held that the defendant was negligent in failing to ensure that the floor was dry, and that this negligence caused the plaintiff's injuries. The court found that the plaintiff was not contributorily negligent, and awarded damages for non-economic loss, past and future economic loss, and future domestic assistance. The court ordered the parties to undertake calculations and provide short minutes regarding the amount of damages to be awarded.