Edmiston v Coles Myer Ltd [2008] NSWDC 155

New South Wales District Court

CITATION: Edmiston v Coles Myer Ltd [2008] NSWDC 155

HEARING DATE(S): 21 July 2008 EX TEMPORE JUDGMENT DATE : 24 July 2008

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

1 Verdict and judgment for the plaintiff in the sum of $86,728. DECISION: 2 The defendant is to pay the plaintiff's costs of the proceedings. 3 The exhibits may be returned.

CATCHWORDS: TORT - boxes fell from supermarket shelf - assessment of damages - pre-existing degenerative conditions.

LEGISLATION CITED: Civil Liability Act 2002

CASES CITED: Reece v Reece (1994) 19 MVR 103

PARTIES: Jan Edmiston (Plaintiff) Coles Myer Ltd (Defendant)

FILE NUMBER(S): Newcastle 261/07

COUNSEL: T R Edwards (Plaintiff) J A Jobson (Defendant)

SOLICITORS: Bale Boshev Lawyers (Plaintiff) McCulloch & Buggy Solicitors (Defendant)

JUDGMENT

1 Jan Edmiston was doing her Christmas shopping in the Target store in Charlestown on 19 December 1995 when a number of boxes fell on her. The plaintiff described the boxes as being of considerable bulk and weight. After the incident a shop assistant drew her attention to the bent condition of the brackets on which the shelf rested and told her that the boxes contained room dividers. The plaintiff was not challenged on this evidence.

2 The plaintiff claimed that the defendant was responsible for the care and control of the premises upon which the Target store operated and that it was negligent in the way in which it allowed the staff at the store to stack the shelf from which the boxes fell. The defendant did not concede the issue of negligence, but called no evidence and put forward no submissions. It made no admissions on the pleadings.