Finniss v State of New South Wales (No. 1) [2023] NSWDC 83

District Court New South Wales

Medium Neutral Citation: Finniss v State of New South Wales (No. 1) [2023] NSWDC 83 Hearing dates: 15-17 February, 20 February 2023. Date of orders: 22 February 2023 Decision date: 22 February 2023 Jurisdiction: Civil Before: Neilson DCJ Decision: See pars [150] and [151]. Catchwords: CIVIL – TORTS – OCCUPIERS LIABILITY – Plaintiff employed by 'Facilities First' at a primary school occupied by the Defendant – Plaintiff hit head on lintel of a low doorway as he was leaving a storeroom – Whether the Defendant breached a duty of care owed to the Plaintiff – Whether an obvious risk of injury – Plaintiff had used this doorway on about 64 occasions prior to date of injury. Legislation Cited: Civil Liability Act 2002 (NSW) Crown Proceedings Act 1988 (NSW) Workers Compensation Act 1987 (NSW) Cases Cited: Bostik Australia Pty Ltd v Liddiard & Anor [2009] NSWCA167 CG Maloney Pty Ltd v Hutton Potts [2006] NSWCA 136 Hennessy v Patrick Stevedores Operations and Anor [2014] NSWSC 1716 Hoad v Peel Valley Exporters Pty Ltd [2008] NSWSC 981 Stevens v Brodribb Sawmilling Co. Pty Ltd (1986) 160 CLR 16; [1986] HCA 1 Sungravure Pty Ltd v Meani (1964) 110 CLR 24 Wilkinson v Law Courts Limited [2001] NSWCA196 Texts Cited: Broom's Legal Maxims (1939) D. Villa, Civil Liability Act (3rd edition), Lawbook Co., 2013 Glass, McHugh, Douglas, The Liability of Employers in Damages for Personal Injury (2nd edition, Law Book Company, 1979) Category: Principal judgment Parties: Plaintiff – Craig Charles Finniss Defendant – State of New South Wales Representation: Counsel: Plaintiff – E. Chrysostomou Defendant – D. O'Dowd. Solicitors: Plaintiff - Court Legal Pty Limited Defendant – Kennedy's File Number(s): 2021/00172686 Publication restriction: Nil.