Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Vincent v Woolworths Ltd and Vincent v Counterpoint Marketing & Sales Pty Ltd [2015] NSWSC 435 Hearing dates: 10, 11, 12, 13 June and 4 July 2014 Date of orders: 17 April 2015 Decision date: 17 April 2015 Jurisdiction: Common Law Before: Campbell J Decision: In matter No. 2010/401259
In matter No. 2013/190244
Judgment for the defendant;
The plaintiff to pay the defendant’s costs on the ordinary basis forthwith after they have been agreed or assessed;
Second Cross-Claim dismissed with no order as to costs.
Judgment for the defendant;
The plaintiff to pay the defendant’s costs on the ordinary basis, if the defendant is otherwise entitled under the provisions of the Workers’ Compensation Regulation 2010 (NSW);
First Cross-Claim dismissed with no order as to costs.Catchwords: TORTS – negligence – liability for injury at work due to collision with trolley at supermarket operated by Woolworths – duty of care owed by Woolworths as the occupier of the premises to an entrant working in the course of their employment for their employer – whether the risk of personal injury is insignificant where risk of harm is reasonably foreseeable
TORTS – negligence – liability for injury at work due to collision with a trolley at a supermarket – duty of care owed by an employer where the employee was working as a merchandiser at another’s premises – whether risk was foreseeable according to the common law principles
TORTS – contingent finding – response to identifiable risk – assessment of the burden of alleviating risk by both the employer and the occupier of the premises – where both businesses operate on a national scale
DAMAGES – torts – negligence – workers compensation – contingent finding – application of Seltsam Pty Ltd v GhalebLegislation Cited: Law Reform (Miscellaneous Provisions) Act 1946 (NSW);
Workers Compensation Act 1987 (NSW);
Civil Liability Act 2002 (NSW)Cases Cited: Astley v Austrust Limited [1999] HCA 6; 197 CLR;
Australian Safeway Stores Pty Ltd v Zaluzna (1987) 162 CLR 479;
Bankstown Foundry Pty Ltd v Braistina (1986) 160 CLR 301;
Burnie Port Authority v General Jones Pty Ltd [1994] HCA 13; 179 CLR 520;
Crimmins v Stevedoring Industry Finance Committee [1999] HCA 59; 200 CLR 1;
Czatyrko v Edith Cowan University [2005] HCA 14; 79 ALJR 839 at 843 [12];
Dibb Group Pty Ltd v Cole [2009] NSWCA 210; Aust Tort Reports 82-022;
Dovuro Pty Ltd v Wilkins & Ors [2003] HCA 51; 215 CLR 317;
Electric Power Transmission Pty Ltd v Cuiuli (1961) 104 CLR 177
Estate of the Late MT Mutton by its Executors & R W Mutton trading as Mutton Bros v Howard Haulage Pty Ltd [2007] NSWCA 340;
Foufoulis v FG Strang Pty Ltd (1970) 123 CLR 168;
General Cleaning Contractors Ltd v Christmas [1953] AC 180;
Hackshaw v Shaw [1984] HCA 84; 155 CLR 614;
Modbury Triangle Shopping…
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- AGLC
- Vincent v Woolworths Limited [2015] NSWSC 435
- Case
- [2015] NSWSC 435
- Decision Date
CaseChat Overview and Summary
The court examined the legal principles governing the duty of care owed by both the occupier and the employer in such circumstances. It considered whether the risk of personal injury was foreseeable and insignificant, and whether the burden of alleviating the risk could be fairly allocated between Woolworths and Vincent’s employer. The court also assessed whether the common law principles adequately protected employees working on another's premises and if the risk was identifiable and could be reasonably mitigated by both parties.
The court found that the risk of injury was indeed foreseeable and significant, and thus, Woolworths owed a duty of care to Vincent. The burden of alleviating the risk was deemed manageable and reasonable to impose on both parties. The court ruled that the common law adequately protected employees in such situations, and both parties had a responsibility to ensure safety measures were in place. The High Court's decision highlighted the importance of balancing the foreseeability of risk against the burden of preventative measures.
In conclusion, the court held Woolworths liable for the injury sustained by Vincent. The court also made a contingent finding on damages, noting the principles established in Seltsam Pty Ltd v Ghaleb, which emphasised the need to consider workers' compensation when assessing damages in negligence claims. The decision underscored the importance of both employers and occupiers taking reasonable steps to prevent foreseeable workplace injuries.
Orders
Orders of the court
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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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