El Dehaibi v Hanzoul Pty Ltd t/as Mr Fresh Punchbowl [2021] NSWDC 240

District Court New South Wales

Medium Neutral Citation: El Dehaibi v Hanzoul Pty Ltd t/as Mr Fresh Punchbowl [2021] NSWDC 240 Hearing dates: 20 May 2021 Date of orders: 9 June 2021 Decision date: 09 June 2021 Jurisdiction: Civil Before: Judge Levy SC Decision: See paragraph [38] for orders. Catchwords: TORTS – negligence – personal injury occupiers liability – assessment of damages Legislation Cited: Civil Liability Act 2002, s 13, s 16 Cases Cited: Sampco Pty Ltd v Wurth [2015] NSWCA 117 Category: Principal judgment Parties: Raba El Dehaibi (Plaintiff) Hanzoul Pty Ltd t/as Mr Fresh Punchbowl (Defendant) Representation: Counsel: Ms K Balendra (Plaintiff) No appearance for the defendant

Solicitors: Harrow Legal Pty Ltd (Plaintiff) No appearance for the defendant File Number(s): 2020/149903 Publication restriction: None

Judgment

Introduction and factual background 1. On 19 February 2019, the plaintiff, Mrs Raba El Dehaibi, then aged 52 years, was injured in a fall on a footpath outside fruit shop premises known as Mr Fresh Fruit and Vegies located at 132 – 138 Dudley Street, Punchbowl, NSW. Those premises were owned and occupied by the defendant, Hanzoul Pty Ltd, trading as Mr Fresh Punchbowl. 2. The plaintiff's injuries occurred due to the defendant's operation of a forklift on the footpath outside the premises. Over time, this resulted in damage and unevenness to the surface of the footpath. The damaged condition of the footpath constituted a hazard that caused the plaintiff's injury. 3. Default judgment in favour of the plaintiff was entered against the defendant on 17 November 2020. The only remaining issues to be determined in the proceedings concern the assessment of the plaintiff's claim for damages. The proceedings are governed by the provisions of the Civil Liability Act 2002 (NSW), ("CL Act").