NSW Caselaw
New South Wales District Court
CITATION: Caldwell v Coles Supermarkets Pty Limited [2010] NSWDC 136
HEARING DATE(S): 3 and 4 June 2010
JUDGMENT DATE: 11 June 2010
JURISDICTION: Civil jurisdiction
JUDGMENT OF: Johnstone DCJ
1. Judgment for the plaintiff against the defendant for $396,644. DECISION: 2. Defendant to pay the plaintiff's costs. 3. Leave to apply for some other costs order within 14 days.
CATCHWORDS: PERSONAL INJURY - slip and fall on defendant's premises - whether the injury was caused by breach of duty - whether the plaintiff was guilty of contributory negligence - whether the plaintiff's damages should be reduced pursuant to s 151Z(2) of the Workers Compensation Act 1987 - DAMAGES - dispute as to the extent of the plaintiff's disability - whether any reduction in his earning capacity has been or will be productive of financial loss
LEGISLATION CITED: Civil Liability Act 2002 Workers Compensation Act 1987
Australian Safeway Stores Pty Limited v Zaluzna [1987] HCA 7 Hackshaw v Shaw [1984] HCA 84 CASES CITED: Khan v Polyzois [2006] NSWCA 59 Medlin v State Government Insurance Commission [1995] HCA 5 Stojan (No 9) Pty Ltd v Kenway [2009] NSWCA 364
PARTIES: Michael Patrick Caldwell (Plaintiff) Coles Supermarkets Pty Limited (Defendant)
FILE NUMBER(S): 09/336057
COUNSEL: Mr A Lidden SC with Mr Khandhar (Plaintiff) Mr P Menary (Defendant)
SOLICITORS: Brydens Law Office (Plaintiff) Lander & Rogers (Defendant)
REASONS FOR JUDGMENT
The proceedings and the issues
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