Cecilia Si Chen v KMART AUSTRALIA LIMITED [2022] NSWDC 519

District Court New South Wales

Medium Neutral Citation: Cecilia Si Chen v KMART AUSTRALIA LIMITED [2022] NSWDC 519 Hearing dates: 24 October 2022 25 October 2022 28 October 2022 Date of orders: 28 October 2022 Decision date: 28 October 2022 Jurisdiction: Civil Before: Montgomery DCJ Decision: 1. Judgment for the plaintiff in the sum of $59,929.36. 2. Defendant to pay the plaintiff's costs of the proceedings. Catchwords: CIVIL – personal injury – assessment only – right eye scarring to child Legislation Cited: Civil Liability Act 2002 (NSW) ss 16, 13 Cases Cited: State of New South Wales v Moss (2000) 54 NSWLR 536; [2000] NSWCA 133 White v Redding (2019) 99 NSWLR 605; [2019] NSWCA 152 Sretenovic v Reed [2009] NSWCA 280 Currie v Azouri (1998) 28 MVR 406 Watts v Rake (1960) 108 CLR 159; [1960] HCA 58 Category: Principal judgment Parties: Plaintiff: Cecilia Si Chen Defendant: KMART AUSTRALIA LIMITED Representation: Counsel: Ms Welsh, Counsel for the Plaintiff Mr Walsh, Counsel for the Defendant

Solicitors: Brydens Lawyers Pty Limited, Solicitors for the Plaintiff Lander & Rogers, Solicitors for the Defendant File Number(s): 2021/00266191

Judgment 1. The plaintiff is an eight-year-old female child who sues for personal injury damages consequent of an injury to her right upper eyelid suffered on 8 January 2020. She was then six years of age. She sues by her tutor, Jill Huang, who is her mother. 2. The defendant has admitted breach of duty of care. The hearing proceeded for assessment only. 3. The injury occurred when the plaintiff was walking in the children's section of Kmart at Chatswood, and her right eye came into contact with the metal rail on which children's apparel was hung. 4. After being accompanied by her mother in the ambulance, the plaintiff underwent surgery at Westmead Children's Hospital, the same day.