Walker v Portmans Pty Ltd [2009] NSWDC 46

New South Wales District Court

CITATION: Walker v Portmans Pty Ltd [2009] NSWDC 46

HEARING DATE(S): 27 & 28 November 2008

JUDGMENT DATE: 22 May 2009

JURISDICTION: Civil

JUDGMENT OF: Levy SC DCJ

DECISION: 1. Verdict and judgment for the Plaintiff in the sum of $544,059. 2. Defendant to pay the Plaintiff's costs.

CATCHWORDS: TORTS – occupier's liability – Plaintiff was tripped by an electrical cord within the Defendant's retail premises – cord pulled taut by a store employee using a vacuum cleaner without first warning the Plaintiff who was in the process of stepping over the cord – whether contributory negligence established – DAMAGES – assessment of multiple heads of damage.

LEGISLATION CITED: Civil Liability Act 2002

Ghunaim v Bart [2004] NSWCA 28 Golden Eagle International Trading Pty Ltd & Anor v Zhang & Anor [2007] HCA 15; (2007) 229 CLR 498 CASES CITED: Insurance Australia Limited v Helou [2008] NSWCA 240 Jones v Dunkel [1959] HCA 65; (1959) 101 CLR 298 Purkess v Crittendon [1965] HCA 34; (1965) 114 CLR 164 Watts v Rake [1960] HCA 58; (1960) 108 CLR 158

PARTIES: Margaret Walker (Plaintiff) Portmans Pty Ltd (Defendant)

FILE NUMBER(S): 2691 of 2007

COUNSEL: Mr R Tonner (Plaintiff) Mr S Maybury (Defendant)

SOLICITORS: Grahame W Howe & Co (Plaintiff) HWL Ebsworth (Defendant)

JUDGMENT

A. INTRODUCTION

Nature of the case

1. The Plaintiff, who was aged 63 years when injured and almost 66 years at trial, claims damages for personal injuries which she sustained in a fall on 5 July 2006 when, as a customer, she was walking within the Defendant's retail store. She claims that without warning she was tripped whilst stepping over an electrical vacuum cleaner cord that was laying loose on the floor. The Plaintiff claims that as she proceeded to step over the cord it was pulled taut by an employee of the Defendant when that employee commenced to operate a vacuum cleaner in the premises.