Taylor v Woolworths Limited [2009] NSWDC 311

New South Wales District Court

CITATION: Taylor v Woolworths Limited [2009] NSWDC 311

HEARING DATE(S): 21 - 22 October 2009 EX TEMPORE JUDGMENT DATE : 27 October 2009

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

1. Verdict for the defendant. DECISION: 2. The plaintiff is to pay the defendant's costs on an ordinary basis up to and including the 2 March 2009 and on an indemnity basis thereafter. 3. The Exhibits are returned.

CATCHWORDS: OCCUPIERS LIABILITY - Trip and Fall - Whether on premises under the control of the defendant - Extent to which the defendant was aware of the condition of the part of the premises on which plaintiff fell - Defendant's reliance on publicly funded domestic care to avoid compensation for care needs

CASES CITED: Thompson v Woolworths (Queensland) Pty Limited 221 CLR 234

PARTIES: Evelyn Joyce Taylor (Plaintiff) Woolworths Limited (Defendant)

FILE NUMBER(S): 289/08

COUNSEL: R Foord (Plaintiff) D Hooke SC (Defendant)

SOLICITORS: Kingston Swift Lawyers (Plaintiff) Berry Buddle Wilkins Lawyers (Defendant)

JUDGMENT

1 On Thursday evening, 22 September 2005, Evelyn Joyce Taylor went with her grandson, Robert Taylor, to Orana Mall Shopping Centre in Dubbo to pick up an exercise bicycle from the lay-by arrangement maintained by the Big W department store operating within the centre.

2 They went first to the Woolworths supermarket where they purchased food items which they placed in a supermarket trolley.

3 In Big W the plaintiff was told by a shop assistant that her parcel was too large to take through the store and that she should collect it from the loading dock. The shop assistant gave the plaintiff directions that involved leaving the store and walking around the perimeter of shopping centre buildings to the defendant's loading dock.