Timberland Property Holdings Pty Ltd v Bundy

The New South Wales Court of Appeal considered an appeal and cross-appeal concerning a negligence claim brought by the plaintiff, Mr. Bundy, against Timberland Property Holdings Pty Ltd (the second defendant) and John Pincham Real Estate Pty Ltd (the first defendant). Mr. Bundy had slipped on a patch of grease or oil in a car park, sustaining injuries. The central dispute revolved around whether the trial judge's findings were consistent and whether sufficient evidence supported the finding of causation.

The court was required to determine whether a finding that the patch of grease was "obvious" was inconsistent with a finding that the defendants had breached their duty of care to the plaintiff. Furthermore, the court had to assess whether there was sufficient evidence to establish causation for the plaintiff's injuries. The case also involved questions regarding the appropriate form of orders when a plaintiff recovers against multiple concurrent tortfeasors, specifically whether the plaintiff was entitled to several judgments against each defendant for the full amount of the damages.

The Court of Appeal dismissed the appeals by both defendants. The court reasoned that the finding of the patch being "obvious" did not preclude a finding of negligence, as the duty of care extended to taking reasonable steps to prevent foreseeable harm, even from obvious risks, if those risks could be easily mitigated. The court found that there was sufficient evidence to substantiate causation. The court varied the District Court's judgment to provide separate verdicts and judgments for the plaintiff against each defendant, reflecting their apportioned liability. Timberland Property Holdings Pty Ltd was ordered to pay $77,762.25, with leave to seek contribution from John Pincham Real Estate Pty Ltd, which was apportioned 30% liability. John Pincham Real Estate Pty Ltd was ordered to pay $79,158.75, less workers' compensation payments, with leave to seek contribution from Timberland Property Holdings Pty Ltd, which was apportioned 70% liability. Both appellants were ordered to pay the costs of the appeal and cross-appeal.