Woolworths Ltd v McQuillan

Woolworths Ltd appealed to the New South Wales Court of Appeal against a decision of the District Court which found the appellant liable for injuries sustained by the respondent, Mr. McQuillan, who slipped on a grape in a Woolworths supermarket. The dispute concerned whether the appellant had been negligent in allowing the grape to remain on the floor, causing Mr. McQuillan's fall.

The Court of Appeal was required to determine whether the primary judge's finding that the grape had been on the floor for a sufficient length of time to establish negligence was supported by the evidence. Further, the court considered whether the appellant was required to prove its staff were present in the produce area after the supermarket opened, and whether the primary judge was entitled to draw an adverse inference against the appellant under the principles of *Jones v Dunkel* given the appellant's failure to call certain evidence. The court also examined whether the primary judge's finding that the appellant's system of safety and inspection could not be improved was consistent with a finding of negligence, and whether the incident constituted a "casual act of negligence" or a failure by staff to keep a proper lookout for floor hazards.

The Court of Appeal found that the primary judge had made no finding that was consistent with negligence on the part of the appellant. The court reasoned that the evidence did not support a conclusion that the grape had been on the floor for a period sufficient to impute negligence to Woolworths. The adverse inference under *Jones v Dunkel* was not applicable in the circumstances, and the appellant's system of inspection, while not perfect, was not found to be inadequate in a way that would establish negligence.

The appeal was allowed. The orders of the District Court were set aside, the amended statement of claim was dismissed, and Mr. McQuillan was ordered to pay Woolworths' costs in the District Court. Mr. McQuillan was also ordered to pay Woolworths' costs of the appeal.