Websdale v Collins [2009] NSWDC 30

New South Wales District Court

CITATION: Websdale v Collins [2009] NSWDC 30

HEARING DATE(S): 02/02/2009; 23/02/2009; 24/02/2009

JUDGMENT DATE: 5 March 2009

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

1. Verdict for the defendant DECISION: 2. The plaintiff is to pay the defendant's costs of the proceedings on an ordinary basis to and including 17/10/2008 and on an indemnity basis thereafter 3. The exhibits are returned 4. My reasons are published

CATCHWORDS: Foreseeable or significant risks – Plaintiff failing to act reasonably – Negligence and breach of statutory duty

LEGISLATION CITED: Occupational Health & Safety Act 2000; Civil Liability Act 2002

CASES CITED: Wyong Shire Council v Shirt (1980) 146 CLR 40

PARTIES: Amanda Websdale (Plaintiff) Jennifer Maree Collins (Defendant)

FILE NUMBER(S): 71/08

COUNSEL: Mr. C. Hart (Plaintiff) Mr. R. Gambi (Defendant)

SOLICITORS: Bale Boshev Lawyers (Plaintiff) Moray & Agnew (Defendant)

JUDGMENT

1 Amanda Websdale fell backwards onto a glass topped coffee table in the business premises occupied by Mrs Jennifer Collins. The glass shattered and the plaintiff suffered a number of lacerations the most serious of which caused permanent injury to her left thumb.

2 She claimed that her fall was the result of negligence and breach of statutory duty on the part of the defendant. The issues to be determined were: 1 Whether the defendant was negligent in selecting the position at which a glass topped coffee table was located on the premises. 2 Whether the defendant was in breach of obligations imposed on her by the Occupational Health & Safety Act 2000 in selecting the position at which a glass topped coffee table was located on the premises. 3 Whether the plaintiff's injuries and their consequences were such that her non-economic loss damages exceeded the threshold set by the Civil Liability Act 2002 for the recovery of those damages. 4 Other damages, if any, to be awarded.