R and C PRODUCTS PTY LTD v EVANS [1991] NSWCA 229

R and C PRODUCTS PTY LTD v EVANS

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL GLEESON CJ, PRIESTLEY and CLARKE JJA

4 February 1991, 4 February 1991

[1991] NSWCA 229

DAMAGES — EXCESSIVENESS CAUSATION — NO QUESTION OF PRINCIPLE

Clarke JA This is an appeal from a judgment of his Honour Judge Conomos delivered in Wagga Wagga on Thursday 27 October 1988. In his Honour's judgment he awarded the plaintiff, who is the respondent in the present appeal, damages in the amount of $31,779 including interest.

The facts which gave rise to the action which was brought by the plaintiff are in short compass. She was a young married woman born on 31 March 1959 living in Wollongong when, on 18 February 1981, she purchased a product known as Aura Detergent in order to carry out some hand washing. She purchased this product from Woolworths in Burelli Street, Wollongong, although that is a matter of no practical importance, but she had previously purchased and used Aura. On all of those occasions she had not come into contact with the product because she had simply emptied a quantity of it into a washing machine.

On 18 February 1981, however, she used a small amount together with half a basin full of water in order to hand wash some shirts and a skirt. Almost immediately after washing these items she found that her hands were burning. They commenced to swell and subsequently to crack. Two days later she saw Dr Teng, a general practitioner, and took a short time off work.

Her claim was that although the condition of her hands had improved significantly after that initial occurrence, they had never become what she felt was normal. Thereafter she had always suffered from some irritation of her hands and on occasions this irritation became much worse. Her claim was based on negligence and the essence of that claim was that the defendant, the appellant here, which was the manufacturer of Aura, had unreasonably failed to warn persons using Aura that it may cause painful and distressing skin conditions.