NSW Caselaw
New South Wales District Court
CITATION: Varela v Harris Farm Markets Pennant Hills Pty Ltd [2008] NSWDC 116
HEARING DATE(S): 24-27 June 2008
JUDGMENT DATE: 18 July 2008
JURISDICTION: Civil
JUDGMENT OF: Hungerford ADCJ
DECISION: Verdict for the plaintiff against the defendant in the amount of $68,297.10; parties to be heard on costs before final orders made
CATCHWORDS: TORTS - negligence - occupier's liability - customer slipped on crushed grapes in a fruit and vegetable market - nature of duty of care - whether duty breached - system of inspection and cleaning - whether in operation at time of injury - onus of proof - inferences - causation - contributory negligence - unsatisfactory state of plaintiff's evidence as to earning capacity - pre-exisiting injuries - inconsistent income tax returns - assessment of damages
LEGISLATION CITED: Civil Liability Act 2002, ss 15(2), 15(3) and 16(2) Evidence Act 1995, s 128(3)
Brady v Girvan Bros Pty Ltd t/as Minto Mall (1986) 7 NSWLR 241 Hampton Court Ltd v Crooks (1957) 97 CLR 367 Harrison v Melhem [2008] NSWCA 67 CASES CITED: Jones v Dunkel (1959) 101 CLR 298 Podrebersek v Australian Iron and Steel Pty Ltd (1985) 59 ALJR 492 Roads and Traffic Authority v McGregor [2005] NSWCA 388; (2005) 44 MVR 261 Shoeys Pty Ltd v Allan (1991) Aust Torts Reports 81-104 Sleiman v Franklin Food Stores Pty Ltd (1989) Aust Torts Reports 80-266
PARTIES: Dory Mabel Varela (Plaintiff) Harris Farm Markets Pennant Hills Pty Ltd (Defendant)
FILE NUMBER(S): 2282 of 2007
COUNSEL: Ms EEJ Welsh (Plaintiff) Mr JE Castaldi (Defendant)
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