Deborah Lee Ezzy v The Uniting Church in Australia Property Trust (NSW) Trading as Wontama Homes for the Aged [2007] NSWDC 204

New South Wales District Court

CITATION: Deborah Lee Ezzy v The Uniting Church in Australia Property Trust (NSW) Trading as Wontama Homes for the Aged [2007] NSWDC 204 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 24/10/06-27/10/06

JUDGMENT DATE: 12 October 2007

JURISDICTION: Civil

JUDGMENT OF: Phegan DCJ

DECISION: Verdict and judgment for the plaintiff in the amount of $290,274.60; Defendant to pay the plaintiff's costs as agreed or assessed

CATCHWORDS: Occupier's Liability - Slip and Fall - Standard of Care - Damages

LEGISLATION CITED: Civil Liability Act 2002

CASES CITED: Browne v Dunn (1894) 6 R 67 Griffiths v Kerkemeyer (1977) 139 CLR 161

PARTIES: Deborah Lee Ezzy v The Uniting Church in Australia Property Trust (NSW) Trading as Wontama Homes for the Aged

FILE NUMBER(S): 5/2005

Mr P Maiden SC (Plaintiff) COUNSEL: with Mr R Foord (Plaintiff) Mr M Vesper (Defendant)

SOLICITORS: Legal Aid Commission of New South Wales (Plaintiff) Sparke Helmore (Defendant)

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JUDGMENT

Facts

1 The plaintiff, Deborah Lee (Debbie) Ezzy, was born on 6 April 1959 with Downs Syndrome. She is now 48 years of age and lives with her parents Percy (Ron) and Dorothy Ezzy on a 165 acre farm. The Ezzy's are retired and the farm, which is situated about 25 kilometres from Orange, is no longer active. Ron Ezzy is 72 years old and Dorothy Ezzy 69 years old. Both are still physically active and have until now been able to provide the level of care needed by the plaintiff. The plaintiff has five siblings, one older brother and four younger brothers and sisters.