Stenning v Sanig

[2015] NSWCA 214

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:	Stenning v Sanig [2015] NSWCA 214
Hearing dates:	14 July 2015
Decision date:	27 July 2015
Before:	Macfarlan JA at [1] Hoeben JA at [2] Gleeson JA at [77]
Decision:	(1)   The judgment entered in favour of the respondent on 22 September 2014 is set aside. (2)   In lieu thereof, judgment is entered in favour of the respondent in the amount of $539,692.78. (3)   Subject to any application for a special costs order, there be no order for the costs of the appeal.
Catchwords:	TORT – negligence – plaintiff injured when slipped on step – defendant aware that step was slippery – whether defendant reacted adequately to known risk – carpet squares placed on steps not an adequate response – liability established – CONTRIBUTORY NEGLIGENCE – whether plaintiff keeping a proper lookout – application of s 5R Civil Liability Act 2002 – contributory negligence established – DAMAGES – whether damages awarded for future assistance excessive – need to re-assess damages for future assistance – damages reduced.
Legislation Cited:	Civil Liability Act 2002 – s 5B, s 5R Law Reform (Miscellaneous Provisions) Act 1965 – s 9 Motor Accidents Compensation Act 1999
Cases Cited:	Australian Safeway Stores Pty Ltd v Zaluzna [1987] HCA 7; 162 CLR 479 Grills v Leighton Contractors Pty Ltd [2015] NSWCA 72 Reid v Commercial Club (Albury) Ltd [2014] NSWCA 98 Sibraa v Brown [2012] NSWCA 328 Wiki v Atlantis Relocations (NSW) Pty Ltd [2004] NSWCA 174; 60 NSWLR 127
Category:	Principal judgment
Parties:	Robert Stenning – Appellant Sue-Anne Sanig - Respondent
Representation:	Counsel: RA Cavanagh SC/Ms OJ Dinkha – Appellant H Marshall SC - Respondent Solicitors: Curwoods Lawyers – Appellant Beilby Poulden Costello - Respondent
File Number(s):	2014/344092
Decision under appeal	Court or tribunal: District Court of NSW Jurisdiction: Civil Date of Decision: 22 September 2014 Before: Finnane QC DCJ File Number(s): 2013/91945

Judgment

1. MACFARLAN JA: I agree with Hoeben JA.

2. HOEBEN JA:

Nature of proceedings

On 24 October 2010 the respondent (plaintiff) slipped on a path leading from the appellant’s (defendant’s) house. The respondent brought proceedings in negligence against the appellant alleging that certain steps on the path were excessively slippery.

3. Those proceedings were heard by Finnane QC DCJ on 29 July – 1 August 2014, with judgment being delivered on 22 September 2014. The respondent was successful in her claim and was awarded damages in the amount of $736,435. The appellant has appealed and has challenged the judgment in three respects:

1. The finding of negligence against him.

2. The finding that there was no contributory negligence on the part of the respondent.

3. The damages of $387,141 awarded in favour of the respondent for future paid assistance.

Factual background

4. The following factual matters were either not in dispute or were findings made by the trial judge which have not been challenged.

5. At the time she was injured, the respondent was aged 57, having been born in December 1956. Her home and that of…