NSW Caselaw
New South Wales District Court
CITATION: Chandra v Bunnings Group Ltd [2009] NSWDC 194
HEARING DATE(S): 5, 6 May and 18 June 2009
JUDGMENT DATE: 6 November 2009
JURISDICTION: Civil
JUDGMENT OF: Levy SC DCJ
DECISION: 1. Verdict for the plaintiff in the sum of $402,624. 2. Defendant to pay the plaintiff's costs.
CATCHWORDS: TORTS – negligence – occupier's liability – slip and fall – plaintiff an employed delivery driver injured at premises occupied by defendant – plaintiff slipped whilst walking over submerged and concealed forklift tines covered by pooled water on the floor of a flooded warehouse access way to the car park – liability considerations – whether occupier negligent – whether "obvious risk" within meaning of s 5F of Civil Liability Act 2002 - PRACTICE AND PROCEDURE – adjournment – refusal of defendant's application for an adjournment for purpose of obtaining a medical examination of plaintiff – consideration of mandatory requirements of s 56 of Civil Procedure Act 2002 - DAMAGES – assessment of multiple heads of damage under Civil Liability Act 2002
LEGISLATION CITED: Civil Liability Act 2002
Angel v Hawkesbury City Council [2008] NSWCA 130 CASES CITED: Dennis v Australian Broadcasting Corporation [2008] NSWCA 37 Presidential Security Services Pty Ltd v Brilley [2008] NSWCA 204 State of Queensland v JL Holdings Pty Ltd [1997] HCA; (1997) 189 CLR 146
PARTIES: Joseph Chandra (Plaintiff) Bunnings Group Ltd (Defendant)
FILE NUMBER(S): 3844 of 2008
COUNSEL: Mr R Goodridge (Plaintiff) Mr N Polin (Defendant)
SOLICITORS: Firths – The Compensation Lawyers (Plaintiff) Wotton + Kearney (Defendant)
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