NSW Caselaw
New South Wales District Court
CITATION: Brannigan v Westfield & Ors [2007] NSWDC 99
HEARING DATE(S): 16/04/07 - 19/4/07
JUDGMENT DATE: 2 May 2007
JURISDICTION: Civil
JUDGMENT OF: Goldring DCJ
DECISION: Verdict for the plaintiff against the first and third defendants in the sum of $588,125. Dismiss cross-claim.
CATCHWORDS: Negligence - occupier's liability - duty of care - causation
LEGISLATION CITED: Workers' Compensation Act 1987 Civil Liability Act 2002
Hampton Court Pty Limited v Crooks (1957) 97 CLR 367 Brady v Girvan Bros Pty Limited (1986) 7 NSWLR 241 Brown v Target Australia Pty Limited (1994) 37 SASR 145 Sleiman v Franklin Food Stores Pty Limited (1989) Aust Torts Rep 80-266 CASES CITED: Griffin v Coles Myer Ltd (1991) Aust Torts Rep 81-109 Kelly v Lend Lease Retail Pty Limited (1993) Aust Torts Rep 81-216 Glasgow Corporation v Muir [1943] AC 448 Jones v Dunkel (1958-59) 101 CLR 28 Capral Aluminium Ltd v Komljenovic [2001] NSWCA 173
Nathan Brannigan (Plaintiff) PARTIES: Westfield Shopping Centre Management Co Pty Ltd (First Defendant) Nicholas Maropoulos T/as Zisti Poultry Market (Second Defendant) Greenflower Pty Ltd formerly P & H Property Services Pty Ltd (Third Defendant)
FILE NUMBER(S): 4452 of 2004
J. Trainor (Plaintiff) COUNSEL: M.S. White (First & Third Defendants) B. Hull (Second Defendant)
Maurice Blackburn Cashman (Plaintiff) SOLICITORS: McCabe Terrill Lawyers Pty Ltd (First & Third Defendants) Home Wilkinson Lawyers (Second Defendant)
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