P & H Property Service Pty Ltd v Branigan; Westfield Shopping Centre Management Co Pty Ltd v Branigan

The dispute before the Court of Appeal of New South Wales concerned injuries sustained by the respondent, Mr. Branigan, allegedly due to the negligence of P & H Property Service Pty Ltd (P & H) and Westfield Shopping Centre Management Co Pty Ltd (Westfield). Mr. Branigan claimed he slipped on a wet floor within a shopping centre managed by Westfield and cleaned by P & H, resulting in a back injury.

The court was required to determine whether P & H breached its duty of care to Mr. Branigan, and if so, the extent of the damages recoverable. Further issues included the impact of Mr. Branigan's pre-existing back condition on his capacity to work and the appropriate assessment of his earning capacity in light of this condition. The court also considered the contractual obligations between P & H and Westfield.

The Court of Appeal found that P & H had breached its duty of care to Mr. Branigan. However, it determined that the quantum of damages awarded at trial was excessive, particularly in relation to Mr. Branigan's earning capacity. The court applied principles of assessing damages for personal injury, considering the impact of pre-existing conditions and the need to avoid overcompensation. The court also addressed the relationship between the parties concerning the cleaning services.

Ultimately, the appeal by P & H was allowed, with the judgment against them set aside and a verdict entered in their favour. The appeal by Westfield was dismissed, as was their cross-appeal. Westfield was ordered to pay the respondent's costs of the appeal and any costs of P & H not otherwise borne by Westfield.