Monica Bartusz v The Trustee for the North Hill Hamburger Trust (ABN 79725876221)

The plaintiff, Monica Bartusz, brought an action against the defendant, the trustee for the North Hill Hamburger Trust, after she fell and sustained injuries while on the defendant's premises. The case was heard in the District Court of New South Wales. The plaintiff alleged that she had slipped and fallen on a wet floor, which was caused by a spillage of food by a staff member of the defendant. The plaintiff claimed damages for her injuries.

The legal issues the court needed to decide were whether the defendant owed a duty of care to the plaintiff, whether the duty was breached, and whether the breach caused the plaintiff's injuries. The court also needed to determine whether the plaintiff's contributory negligence, if any, was such that it should reduce the damages awarded to her.

The court found that the defendant owed a duty of care to the plaintiff as a visitor to their premises. The court held that this duty was breached when the staff member failed to clean up the spillage of food in a timely manner. The court was satisfied that the breach caused the plaintiff's injuries. The court also found that the plaintiff's contributory negligence, if any, did not reduce the damages awarded to her. The court found the plaintiff to be 100% responsible for her injuries, and therefore no damages were awarded.

The court dismissed the plaintiff's claim.