District Court
New South Wales
Medium Neutral Citation: Wakeling v Coles Group Limited [2011] NSWDC 20 Hearing dates: 28 & 29 October, 1 & 2 November 2010, 28 January 2011 Decision date: 04 April 2011 Before: Levy SC DCJ Decision: 1.Verdict and judgment for the plaintiff in the sum of $118,350;
2.The defendant is to pay the plaintiff's costs on the ordinary basis unless otherwise ordered;
3.The exhibits may be returned;
4.Liberty to apply on 7 days notice if required.
Catchwords: TORTS - negligence - occupier's liability - slip and fall by customer on wet floor of supermarket - rainwater droplets on vinyl floor due to movement of wet shopping trolleys previously left outdoors in rainy conditions - whether appropriate customer safety systems were implemented to allow for such conditions - consideration of liability and damages issues arising pursuant to Civil Liability Act 2002; DAMAGES - assessment of heads of damage claimed by plaintiff Legislation Cited: Civil Liability Act 2002, ss 5B, 5D, 5E, 5F, 5G, 5G(1), 5H, 15, 16
Evidence Act 1995, s 60Cases Cited: Australian Safeway Stores Pty Limited v Zaluzna [1987] HCA 7; (1987) 162 CLR 479
Daw v Toyworld (NSW) Pty Ltd [2001] NSWCA 25
Hackshaw v Shaw [1984] HCA 84, (1984) 155 CLR 614
Luxton v Vines [1952] HCA 19; (1952) 85 CLR 352
Modbury Triangle Shopping Centre Pty Ltd v Anzil [2000] HCA 61; 205 CLR 254
Roads and Traffic Authority of NSW v Dederer [2007] HCA 42
Shaw v Thomas [2010] NSWCA 169
Stojan (No 9) Pty Ltd v Kenway [2009] NSWCA 364
Vairy v Wyong Shire Council [2005] HCA 62; (2005) 223 CLR 442
Woolworths Limited v Strong & Anor [2010] NSWCA 282
Wyong Shire Council v Shirt [1980] HCA 12; (1979 - 1980) 146 CLR 40Texts Cited: - Category: Principal judgment Parties: Steven Wakeling (Plaintiff)
Coles Group Limited (Defendant)Representation: Mr A Quinlivan (Plaintiff)
Mr D Priestley (Defendant)
CMC Lawyers (Plaintiff)
Lander & Rogers (Defendant)
File Number(s): 2009/338620
Judgment
Table of Contents
Nature of the case
[1]
Issues
[2]
Credit
[3] - [5]
Evidence overview
[6] - [10]
Summary of findings
[11]
Assessed heads of damage
[12]
Facts
[13] - [52]
Issue 1 - Negligence and causation
[53] - [111]
Issue 2 - Alleged contributory negligence
[112] - [119]
Issue 3 - Damages assessment
[120] - [154]
Non-economic loss
[121] - [132]
Future domestic assistance
[133] - [143]
Future treatment expenses
[144] - [153
Past out-of-pocket expenses
[154]
Summary of damages assessments
[155]
Disposition
[156]
Orders
[157]
Judgment
Nature of the case
The plaintiff, Steven Wakeling, has brought these proceedings against the defendant, Coles Group Limited, claiming damages for personal injury due to alleged negligence by the defendant as occupier of supermarket premises. The claim by the plaintiff arises from circumstances occurring on 22 May 2009 at the defendant's supermarket at Mt Druitt, where the plaintiff slipped and fell on a wet vinyl floor whilst walking towards a stack of shopping trolleys within…
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- AGLC
- Wakeling v Coles Group Limited [2011] NSWDC 20
- Case
- [2011] NSWDC 20
- Decision Date
CaseChat Overview and Summary
The court was required to determine several legal issues, including whether Coles Group Limited had implemented appropriate safety measures to prevent such incidents and whether the plaintiff's injuries were a direct result of the alleged negligence. The court also had to consider the application of the Civil Liability Act 2002 in assessing liability and damages. The key issue was whether the supermarket had taken reasonable steps to ensure customer safety in the face of foreseeable risks, such as wet shopping trolleys being moved indoors in wet weather conditions.
The court found that Coles Group Limited was indeed negligent in its duty of care. It was determined that the supermarket had not implemented adequate safety systems to manage the risks associated with wet trolleys being brought indoors during rainy weather. As a result, the court held the defendant liable for the plaintiff's injuries. The court also assessed the plaintiff's claim for damages, taking into account the various heads of damage claimed. The plaintiff was awarded a total of $118,350 in damages, reflecting the court's findings on the extent of her injuries and the impact on her life.
The final orders of the court included a verdict and judgment in favour of the plaintiff, with the defendant to pay the plaintiff's costs on the ordinary basis unless otherwise ordered. The exhibits were to be returned, and liberty to apply was granted on seven days' notice if required. The court's decision highlighted the importance of implementing effective safety measures to protect customers and the potential consequences for businesses that fail to do so.
Orders
Orders of the court
1.Verdict and judgment for the plaintiff in the sum of $118,350;
2.The defendant is to pay the plaintiff's costs on the ordinary basis unless otherwise ordered;
3.The exhibits may be returned;
4.Liberty to apply on 7 days notice if required.
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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