HIGH COURT OF AUSTRALIA
GLEESON CJ,
McHUGH, KIRBY, HAYNE AND HEYDON JJTHELMA JEAN THOMPSON APPELLANT
AND
WOOLWORTHS (Q'LAND) PTY LIMITED RESPONDENT
Thompson v Woolworths (Q'land) Pty Limited [2005] HCA 19
21 April 2005
B54/2004ORDER
1.Appeal allowed with costs.
2.Set aside orders 2 and 3 of the orders of the Court of Appeal of the Supreme Court of Queensland made on 12 December 2003 and in their place order that judgment be entered for the appellant in the sum of $105,327.92.
3.Respondent to pay the appellant's costs of the proceedings in the District Court of Queensland.
On appeal from the Supreme Court of Queensland
Representation:
B W Walker SC with M E Eliadis for the appellant (instructed by Shine Roche McGowan)
J A Griffin QC with M T O'Sullivan for the respondent (instructed by Blake Dawson Waldron)
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
GLEESON CJ, McHUGH, KIRBY, HAYNE AND HEYDON JJ. In an action brought in the District Court of Queensland, and heard by Samios DCJ, the appellant, who sustained a back injury while delivering goods to the respondent's store at Stanthorpe, sued the respondent for damages for negligence. She succeeded, and was awarded damages of $157,991.89. An allegation of contributory negligence was rejected[1]. By majority (de Jersey CJ and Williams JA; McMurdo J dissenting) the Court of Appeal of Queensland reversed the primary judge's finding of negligence and ordered that there be judgment for the defendant in the action[2]. The dissenting judge would have upheld the finding of negligence but reduced the judgment by one-third on account of contributory negligence. The primary question in this appeal is whether the Court of Appeal was justified in reversing the primary judge's finding of negligence. There is also a question as to contributory negligence.
The facts
The appellant's action arose out of an occurrence in late August 1999. She was unable to identify the precise date. She made no complaint to any employee of the respondent on the day. She first sought medical attention about three weeks later. The appellant had previously injured her back, in another work-related incident, a week or two before the events with which this case is concerned. Both injuries aggravated a pre-existing degenerative condition.
The appellant suffered the injury the subject of this appeal while she was on premises occupied by the respondent. However, the case is not simply concerned with an occupier's liability for hazards associated with the static condition of premises. The appellant was on the respondent's premises for a mutual commercial purpose, and was required to conform to certain systems and procedures established by the respondent. The case concerns those systems and procedures, and the risks they involved for persons in the position of the appellant. It is, therefore, necessary to explain the context in which the injury…
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- Case
- [2005] HCA 19
- Decision Date
CaseChat Overview and Summary
The High Court of Australia was required to determine whether the Court of Appeal erred in reversing the primary judge's finding of negligence. A secondary issue was whether the appellant was contributorily negligent. The central dispute revolved around the content of the duty of care owed by an occupier to an independent contractor entering the premises for a mutual commercial purpose, and whether the respondent had breached that duty by failing to implement reasonable measures to mitigate the risk of injury to the appellant.
The High Court allowed the appeal, finding that the Court of Appeal was not justified in reversing the primary judge's finding of negligence. The Court reasoned that the respondent, as occupier, owed a duty of care to the appellant, an entrant on its premises for a mutual commercial purpose. This duty required the respondent to take reasonable steps to avoid foreseeable risks of injury. The Court noted that the primary judge had found the risk of injury from moving the bins to be foreseeable and that reasonable measures, which were neither expensive nor difficult to implement, could have been taken to mitigate this risk. The Court of Appeal's reversal of this finding was considered an error.
The High Court ordered that the appeal be allowed with costs, setting aside the orders of the Court of Appeal. Judgment was entered for the appellant in the sum of $105,327.92, reflecting a one-third reduction for contributory negligence, as suggested by the dissenting judge in the Court of Appeal. The respondent was also ordered to pay the appellant's costs in the District Court.
Orders
Orders of the court
1. Appeal allowed with costs.
2. Set aside orders 2 and 3 of the orders of the Court of Appeal of the Supreme Court of Queensland made on 12 December 2003 and in their place order that judgment be entered for the appellant in the sum of $105,327.92.
3. Respondent to pay the appellant's costs of the proceedings in the District Court of Queensland.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by:
Full text does not contain this section.