Macari v Snack Brands Foods Pty Ltd [2024] NSWSC 139

Supreme Court New South Wales

Medium Neutral Citation: Macari v Snack Brands Foods Pty Ltd [2024] NSWSC 139 Hearing dates: 5 and 7 December 2023 6 February 2024 Date of orders: 22 February 2024 Decision date: 22 February 2024 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) Judgment for the defendant. (2) The plaintiff is to pay the defendant's costs. (3) Grant liberty to apply should either party seek a variation of that costs order. Catchwords: NEGLIGENCE — Occupiers' liability – where plaintiff slipped on stairs – whether reasonable precautions could have been taken to prevent slippage NEGLIGENCE — Damages — Economic loss — Earning capacity – where defendant claimed plaintiff had residual earning capacity – whether defendant discharged onus to demonstrate such capacity Legislation Cited: Civil Liability Act 2002 (NSW), ss 5F, 15 Workers Compensation Act 1987 (NSW), s 151Z Cases Cited: Roads and Traffic Authority of New South Wales v Dederer (2007) 234 CLR 330 Wilkinson v Law Courts Ltd [2001] NSWCA 196 Stannus v Graham (1994) Aust Torts Reports 81-293 Rabay v Bristow [2005] NSWCA 199 Category: Principal judgment Parties: Anthony Macari (Plaintiff) Snack Brands Foods Pty Ltd (Defendant) Representation: Counsel: G Bateman (Plaintiff) N Polin SC (Defendant)

Solicitors: Robert Bryden Lawyers (Plaintiff) McCabes Lawyers (Defendant) File Number(s): 2021/00146445 Publication restriction: None