Khanna v Woolworths Group Limited [2022] NSWCA 94

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Khanna v Woolworths Group Limited [2022] NSWCA 94 Hearing dates: 9 June 2022 Date of orders: 14 June 2022 Decision date: 14 June 2022 Before: Gleeson JA at [1] Leeming JA at [33] Decision: (1) Summons seeking leave to appeal dismissed. (2) Applicant to pay the respondent's costs in this Court. Catchwords: LEAVE TO APPEAL – slip and fall case – whether an injustice in rejecting plaintiff's claim – proposed challenge to factual findings underpinning findings of obvious risk, no breach of duty and limitation defence – no issue of principle Legislation Cited: Civil Liability Act 2005 (NSW), ss 5B, 5C, 5F Limitation Act 1969 (NSW), ss 50A, 50C, 50D Supreme Court Act 1970 (NSW), s 101(2)(r) Uniform Civil Procedure Rules 2005 (NSW), rr 7.3(1), 42.1 Cases Cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170; [1981] HCA 39 House v The King (1936) 55 CLR 499; [1936] HCA 40 Pawlowska v Zajglic [2011] NSWCA 118 Re in the Will of Gilbert (1946) 46 SR (NSW) 318 Secretary, Department of Family and Community Services v Smith (2017) 95 NSWLR 597; [2017] NSWCA 206 Category: Procedural rulings Parties: Sanjeev Khanna (Applicant) Woolworths Group Limited (Respondent) Representation: Counsel: Self-represented (Applicant) Mr S Blackman (Respondent)