Abu-Ali v Rubino Holdings Pty Ltd t/as Inbloom Florist [2009] NSWDC 321

New South Wales District Court

CITATION: Abu-Ali v Rubino Holdings Pty Ltd t/as Inbloom Florist [2009] NSWDC 321

HEARING DATE(S): 28 - 30 September and 1 October 2009

JUDGMENT DATE: 30 November 2009

JURISDICTION: Civil

JUDGMENT OF: Hungerford ADCJ

(1) Verdict and judgment for the plaintiff against the first defendant on the action in the amount of $18,068.90. (2) Verdict and judgment for the plaintiff against the second defendant on the action in the amount of $18,068.90. DECISION: (3) First and second defendants to pay the plaintiff's costs of the proceedings, liability for which to be joint and several, on the ordinary basis in an amount as agreed or assessed. (4) Verdict and judgment for the second defendant/cross-claimant against the first defendant/cross-defendant on the cross-claim for indemnity in an amount to satisfy the judgment plus costs against the second defendant in favour of the plaintiff. (5) First defendant/cross-defendant to pay the second defendant/cross claimant's costs of the cross-claim and of the action on an indemnity basis

CATCHWORDS: TORTS - Negligence - Personal injury - Shopping centre - Customer struck by trolley loaded with flowers - Trolley pushed by a shopkeeper - Failure to keep a proper lookout - Casual act of negligence - Vicarious liability - Whether relationship between two defendants that of employment, agency or independant contract - Indemnity by employer in favour of employee - Contributory negligence - Quantum of damages - Costs - EMPLOYMENT LAW - Tortious liability of employer and employee - Nature of employment relationship - Vicarious liability of employer - Indemnity by employer in favour of employee - AGENCY - Tortious liability of principal and agent - Relationship of agency - Vicarious liability of principal - Indemnity by principal in favour of agent