Elliot v Penrith Rugby League Club Ltd trading as Cardiff Panthers [2008] NSWDC 271

New South Wales District Court

CITATION: Elliot v Penrith Rugby League Club Ltd trading as Cardiff Panthers [2008] NSWDC 271 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 11-12 November 2008

JUDGMENT DATE: 28 November 2008

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

1 Verdict and judgment for the plaintiff in the sum of $114,601.00. DECISION: 2 The defendant is to pay the plaintiff's costs of the proceedings. This order is suspended for seven days to allow the parties to list the matter for further argument, if required. 3 The exhibits will be retained for 28 days. 4 Reasons are published.

CATCHWORDS: TORT - slip and fall - inadequate lighting car park of large club - attendant and domestic care needs having regard to prior medical history

PARTIES: Yvonne Marie Elliot Penrith Rugby League Club Limited trading as Cardiff Panthers

FILE NUMBER(S): Newcastle 210/07

COUNSEL: T R Edwards - Plaintiff R Gambi - Defendant

SOLICITORS: Bale Boshev Lawyers - Plaintiff HWL Ebsworth - Defendant

JUDGMENT

1 Mrs Yvonne Marie Elliot fell as she left the Cardiff Panthers Club at about 6:30 pm on 4 September 2004. She fractured both of her wrists. She claimed that her fall was the result of negligence on the part of Penrith Rugby League Club Limited, the operator of the club premises.

2 The negligence complained of was that the car parking area in which she fell was inadequately lit and that the defendant's system of cleaning and maintenance was inadequate to remove accumulations of twigs or sticks that caused her to fall.