Salim v Canterbury-Bankstown Council [2021] NSWDC 169

District Court New South Wales

Medium Neutral Citation: Salim v Canterbury-Bankstown Council [2021] NSWDC 169 Hearing dates: 4, 5 May 2021 Date of orders: 13 May 2021 Decision date: 13 May 2021 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Judgment for the plaintiff against the defendant for $169,091.87. (2) Order the defendant to pay the plaintiff's costs. (3) Grant leave to the parties to approach my Associate by email within 7 days if either party wishes to seek a different costs order. Catchwords: ASSESSMENT OF DAMAGES – non-economic loss – future loss of earning capacity – commercial cost of future domestic assistance Legislation Cited: Civil Liability Act 2002 (NSW), s 16 Cases Cited: Miller v Galderisi [2009] NSWCA 353 White v Benjamin [2015] NSWCA 75 Category: Principal judgment Parties: Mirna Salim (Plaintiff) Canterbury-Bankstown Council (Defendant) Representation: Counsel: J Malouf (Plaintiff) R Gambi (Defendant)

Solicitors: Gerard Malouf & Partners (Plaintiff) Mills Oakley (Defendant) File Number(s): 2020/127680

Judgment

Introduction 1. On 23 January 2019 the plaintiff attended the Max Parker Leisure and Aquatic Centre in Revesby. The Centre was operated by the defendant Canterbury-Bankstown Council ("Council"). Shortly after 2.00pm the plaintiff was sitting on the edge of the shallow end of the 50 metre pool with her feet in the water. She was supervising her two young children who were swimming in the pool. 2. Some distance behind the plaintiff was a large umbrella. The umbrella was not safely fixed to the ground. It was picked up by a gust of wind and blown towards the plaintiff. The umbrella collided heavily with the back of the plaintiff, striking her head, neck and shoulders. Such was the force of the blow that it caused her to fall into the pool. 3. By a Statement of Claim filed on 29 April 2020 Ms Salim sued the Council for damages for personal injuries suffered as a result of the negligence of the Council. Such damages are governed by the Civil Liability Act 2002 (NSW) ("CLA"). On the day before the hearing commenced, the defendant admitted breach of duty of care. 4. The issue between the parties at the trial was the quantification of damages. The plaintiff's Schedule of Damages (MFI 2) submitted that total damages should be $485,206.15. The defendant's Schedule of Damages (MFI 6) submitted that the damages should be $2,225.