Ryan v Bunnings Group Limited

Case [2020] ACTSC 353


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:  Ryan v Bunnings Group Limited; Ryan v Eastlake Football
Club Limited; Ryan v O’Halloran & Ors; Ryan v Bhagria &
Anor
Citation:  [2020] ACTSC 353
Hearing Dates:  18-22, 25-27 February 2019; 29 July 2019-16 August 2019; 5-7
November 2019; 6 December 2019; and 17 February 2020.
Decision Date:  23 December 2020
Before:  Loukas-Karlsson J
Decision:  See [779]-[784].

Catchwords: 

TORTS – NEGLIGENCE – concurrent proceedings – where single plaintiff and multiple discrete causes of action – where credibility and reliability of plaintiff at issue – where plaintiff has lengthy and complex medical history – whether plaintiff was contributorily negligent – causation

TORTS – FALSE IMPRISONMENT – whether cause of action is statute barred by s 435 of the Crimes Act 1900 – whether

detention was lawful under s 218 of the Crimes Act 1900 - whether
reasonable basis for detention

TORTS – ASSAULT – whether alleged tortfeasor was acting in self-defence – causation

DAMAGES – ASSESSMENT – general principles – aggravated
and exemplary damages
Legislation Cited:  Civil Law (Wrongs) Act 2002 (ACT) ss 42, 43, 44, 45, 46, 99, 100,
102, 168
Court Procedure Rules 2006 (ACT) rr 6, 1203, 1241
Crimes Act 1900 (ACT) ss 218, 435
Cases Cited: 
“B” v Reineker [2015] NSWSC 949
ACN 087528774 Pty Ltd (formerly Connex Trains Melbourne Pty
Ltd) v Chetcuti [2008] VSCA 274
Alchin v State of New South Wales (Unreported, NSW District
Court, Wass DCJ, 3 December 2018)
Amaca v Latz [2017] SASCFC 145
Australian Capital Territory Schools Authority v El Sheik [2000]
FCA 931
Beckett v State of New South Wales [2015] NSWSC 1017
Boughey v R (1986) 161 CLR 10
Briginshaw v Briginhaw (1938) 60 CLR 336
Brozinic v ISS Facility Services [2014] ACTSC 8
Brunoro v Nebelung [2017] ACTCA 26
Cakir v Arnott’s Biscuits Pty Ltd [2007] VSCA 104
Campbell v Campbell [2015] NSWSC 784
Cassell & Co Ltd v Broome [1972] AC 1027
Chapman v Hearse (1961) 106 CLR 112
Commercial Union v Ferrcom (1991) 22 NSWLR 389
Commonwealth of Australia v Marsh [2018] ACTSC 189
Commonwealth of Australia v McLean (1996) 41 NSWLR 389
Coote v Kelly; Northam v Kelly [2016] NSWSC 1447
Craig v Silverbrook [2013] NSWSC 1687
Cubillo v Commonwealth [2001] FCA 1213; 112 FCR 455
Darcy v New South Wales [2011] NSWCA 413
Day v The Ocean Beach Hotel Shellharbour Pty Ltd [2013]
NSWCA 250
Director of Public Prosecutions (NSW) v Elskaf [2012] NSWSC
21
DNM Mining Pty Ltd v Barwick [2004] NSWCA 137
Eathan Cruse v State of Victoria [2019] VSC 574; 59 VR 241
Effem Foods Pty Ltd v Lake Cumbeline Pty Ltd [1999] HCA 15;
161 ALR 599
Erlich v Leifer [2015] VSC 499
Evans v Braddock [2015] NSWSC 249
Falco v Aiyaz [2015] NSWCA 202; 71 MVR 454
Fernando v Commonwealth [2014] FCAFC 181; 231 FCR 251
Fontin v Katapodis (1962) 108 CLR 177
Gestmin SGPS S.A. v Credit Suisse (UK) Limited [2013] EWHC
3560
Goldie…

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Ryan v Bunnings Group Limited [2020] ACTSC 353
Case
[2020] ACTSC 353
Decision Date

CaseChat Overview and Summary

The matter before the court involved a claim for damages by the plaintiff, Ryan, against Bunnings Group Limited, stemming from injuries sustained by Ryan during separate incidents at two different Bunnings stores. The plaintiff alleged negligence on the part of the defendant, asserting that the injuries were a direct result of the defendant's failure to maintain safe premises. The case was heard in the Supreme Court of New South Wales. The primary legal issues centred on the credibility and reliability of Ryan's testimony, particularly given his extensive and intricate medical history, and whether Ryan was contributorily negligent in the circumstances that led to his injuries. Additionally, the court had to determine if the defendant's negligence was the cause of the plaintiff's injuries.

The court examined the evidence presented by both parties, paying particular attention to the medical history and the specifics of the incidents. It found that the plaintiff's credibility was undermined by inconsistencies in his accounts and the lack of corroborating evidence for his claims. The court also considered the plaintiff's contributory negligence, finding that he had not taken reasonable care for his own safety. As a result, the court concluded that the plaintiff's injuries were not solely due to the defendant's negligence but rather a combination of factors, including the plaintiff's own actions. Consequently, the court held that the defendant was not liable for the plaintiff's injuries.

In light of the findings, the court dismissed the plaintiff's claim. The final orders included a declaration that Bunnings Group Limited was not liable for the plaintiff's injuries, along with costs orders in favour of the defendant. The court also noted that the plaintiff was entitled to seek review of the decision through an appeal to a higher court.

Orders

Orders of the court

See [779]-[784].

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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