Gray v Wagga Wagga City Council [2021] NSWDC 108

District Court New South Wales

Medium Neutral Citation: Gray v Wagga Wagga City Council [2021] NSWDC 108 Hearing dates: 15 – 17 March 2021 Date of orders: 07 April 2021 Decision date: 07 April 2021 Jurisdiction: Civil Before: M Sidis ADCJ Decision: ORDERS: (1) Verdict for the defendant. (2) Exhibits are to be retained for 28 days. (3) The parties have liberty to apply within 14 days to bring the matter before the Court to deal with the issue of costs. In the absence of any such application, the plaintiff will be ordered to pay the defendant's costs of the proceedings as agreed or assessed. Catchwords: PERSONAL INJURY – impact with automatically opening door – identification of fault – causation – obvious risk – contributory negligence – aggravation of prior condition – assessment. Legislation Cited: Civil Liability Act 2002 (NSW) s 5B, 5D and 5E Cases Cited: Rosenberg v Percival [2001] HCA 18, (2001) 205 CLR 434 Category: Principal judgment Parties: Plaintiff: Shannon Gray Defendant: WAGGA WAGGA CITY COUNCIL Representation: Counsel: Plaintiff: Mr C Hart Defendant: Ms J Chapman

Solicitors: Plaintiff: Slater and Gordon Lawyers Defendant: Moray & Agnew File Number(s): 2020/00072845 Publication restriction: nil

Judgment 1. The plaintiff, Shannon Gray, claimed that she suffered injury at Wagga Wagga City Airport on 21 September 2017 when an automatically opening door in the arrivals area of the airport closed and struck her as she passed through an arrivals gate,. 2. She alleged breach by the defendant of its duty of care to her as occupier and controller of the airport. 3. The defendant denied the claim of breach of duty and challenged the plaintiff's claim to an award of damages.