Woolworths (SA) Limited v Drakos

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IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Adelaide No A28 of 1991

B e t w e e n -

WOOLWORTHS (SOUTH AUSTRALIA)

LIMITED

Applicant

and

GEORGE ANASTASIOS DRAKOS

Respondent

Application for special leave

to appeal

BRENNAN J
TOOHEY J

McHUGH J

Woolworths 1 13/3/92

TRANSCRIPT OF PROCEEDINGS

FROM ADELAIDE BY VIDEO LINK TO CANBERRA

ON FRIDAY, 13 MARCH 1992, AT 12.24 PM

Copyright in the High Court of Australia

MR K.R. McCARTHY, QC:  May it please the Court, I appear

with my learned friend, MR R.A. SOULIO, for the

applicant. (instructed by Ross & McCarthy)

MS E.F. NELSON, QC:  May it please the Court, I appear with

my learned friend, MR E.G. REINBOTH, for the

respondent. (instructed by Stanley & Partners)

BRENNAN J: Yes, Mr McCarthy?

MR McCARTHY:  If the Court pleases, there is a conflict in

the approach taken by the supreme courts in the various States in relation to what I might call

these slip cases in commercial premises. The

difference in approach is illustrated by the

judgment of the Full Court of the Supreme Court of

South Australia in Brown v Target Australia Pty

Ltd, (1984) 37 SASR 145, and that appears in my

book of authorities at page 23, and of course the

judgment of the Full Court in the case at bar.

With the decisions of the Court of Appeal in

New South Wales in Brady v Girvan Bros Pty Ltd,

(1986) 7 NSWLR 241 - and that appears in my book of

authorities at page 39 - in Sleiman v Franklin Food

Stores Pty Ltd, (1989) Aust Torts Reports - and

that appears in my appeal book at page 1. I am

sorry, I meant to add to that list the decision of

the Full Court of the Supreme Court of Victoria in

Williamson v GJ Coles & Co Ltd, (1985) VR 59. That

appears in the book of authorities at page 79. I
will come back to those cases if I may.

If I might just tarry a moment on the

legislation. So far as I can ascertain, if the

Court pleases, three States have enacted legislation in relation to occupier's liability.

That, of course, was done before the decision of

this Court in Zaluzna. I have included in the book

of authorities the South Australian Wrongs Act, and

of course, being subsection (1) directing that the that appears at page 90, and I refer in particular to section 17C(l), (2) and (3), the most important, liability of an occupier be determined in
accordance with the principles of the law of
negligence which is, of course, now the common law.

An enactment to the same effect, in my

submission, is the Wrongs Act of Victoria. That

appears at page 93 and I refer there in particular

to section 14B and, in my submission, that section

of the Victorian Act in effect enacts what is now

the principles of common law.

To the…

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Details
Case
[1992] HCATrans 85
Decision Date

CaseChat Overview and Summary

Woolworths (South Australia) Limited sought special leave to appeal from a decision of the Full Court of the Supreme Court of South Australia concerning a slip-and-fall incident. The respondent, George Anastasios Drakos, had suffered injury after slipping on a substance, found to be oil, on the floor of a commercial premises operated by the applicant. The case highlighted a divergence in judicial approaches across Australian states regarding occupier's liability, particularly in the context of "slip cases" in commercial settings.

The central legal issue before the High Court was the correct application of the law to determine an occupier's liability for injuries sustained by a person on their premises. This involved considering the impact of legislative provisions in various states that had codified or modified the common law principles of occupier's liability, especially in light of the High Court's decision in *Zaluzna*. The applicant argued for a consistent approach, referencing decisions from New South Wales and Victoria, while the South Australian Full Court's judgment in the present case represented a different interpretation.

The applicant's counsel drew the Court's attention to legislation in South Australia, Victoria, and Western Australia, which, in their submission, directed that an occupier's liability be determined in accordance with the principles of the law of negligence. This legislative framework was enacted prior to the *Zaluzna* decision. The facts presented indicated that the respondent slipped on oil, and while the floor manager's evidence regarding the presence of oil was not fully accepted, her evidence concerning cleaning and safety measures was. The floor manager's duties included monitoring the floor's condition, and there was also provision for other employees to clean up soiled areas as directed.

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