Officeworks Ltd v Christopher

In *Officeworks Ltd v Christopher*, the New South Wales Court of Appeal considered an appeal by Officeworks Ltd concerning the quantum of damages awarded to the respondent, Ms Christopher, following an incident on Officeworks' premises. Officeworks did not challenge its liability for the incident, which involved an object falling and striking Ms Christopher's shoulder. The appeal was therefore confined to the assessment of damages.

The central legal issue before the Court of Appeal was whether the primary judge had made sufficient findings of fact to properly assess damages, particularly given that Ms Christopher had undergone shoulder surgery shortly before the incident. The court was required to determine whether, on the most favourable interpretation of the facts for Ms Christopher, she had established that her injury was a consequence of Officeworks' negligence, and if so, what the appropriate quantum of damages should be. A further issue was whether a remitter for a new trial on damages was necessary, or if the Court of Appeal could make the necessary findings of fact itself to avoid a retrial.

The Court of Appeal reasoned that the primary judge had failed to make adequate findings of fact regarding the circumstances of the accident and its causal connection to Ms Christopher's injuries. While acknowledging that the appeal was confined to damages and that liability was conceded, the court found that the absence of specific factual findings prevented a proper assessment. Applying principles of occupier's liability and the court's power to make findings of fact to avoid a retrial, the Court of Appeal allowed the appeal and substituted a smaller judgment amount.

The Court of Appeal ordered that the judgment entered on 19 October 2018 be set aside. The parties were directed to agree on an amount for the judgment, or in default of agreement, to provide their respective proposed judgment amounts and short submissions. The parties were also to agree on an order as to costs, or in default, provide their contentions. These submissions were to be provided within specified timeframes, with the aim of resolving any remaining issues on the papers.