Ali v Holdmark Developers [2009] NSWDC 75

New South Wales District Court

CITATION: Ali v Holdmark Developers [2009] NSWDC 75

HEARING DATE(S): 11/12/08 - 30/1/09

JUDGMENT DATE: 27 April 2009

JURISDICTION: Civil

JUDGMENT OF: Murrell SC DCJ

CATCHWORDS: TORTS - negligence - dangerous and injurious premises - slip and fall.

Samina Ali PARTIES: Holdmark Developers Pty Ltd T/as Auburn Shopping Centre Glad Cleaning Services Pty Ltd

FILE NUMBER(S): 4084/07

Mr W Ward for the Plaintiff COUNSEL: Mr J Turnbull for the First Defendant Mr J McDonald for the Second Defendant

Mr R Gajic for the Plaintiff SOLICITORS: Mr A Oag for the First Defendant Mr S O'Connor for the Second Defendant.

1 On 8 April 2006, Mrs Ali and her husband walked down a travelator towards the car park of the Auburn Central Shopping Centre. At the foot of the travelator, Mrs Ali slipped and fell on the concrete floor, injuring her left shoulder and right ankle/heel. The incident was captured on closed circuit television (CCTV).

2 Mrs Ali sues the Shopping Centre (inter alia, claiming that the cleaning system was inadequate and that the concrete floor should have been carpeted) and the Shopping Centre's cleaners (claiming that the area was inadequately cleaned and inspected).

Issues

(1) The cause of Mrs Ali's fall. (2) The extent of Mrs Ali's injuries. (3) The need for domestic assistance. (4) The extent of economic loss.

The Cause of the Fall

3 Mr and Mrs Ali said that, immediately after the fall, they saw a wet area near where Mrs Ali slipped. Mr Crepaz, a shopper who stopped to render assistance after the accident, said that, after Mrs Ali fell, he saw a thick, sticky, green substance under her feet.