Sprowles v Makita [1999] NSWSC 1239

New South Wales Supreme Court CITATION : Sprowles v Makita [1999] NSWSC 1239 CURRENT JURISDICTION : Common Law Division FILE NUMBER(S) : 20841/97 HEARING DATE(S) : 23/11/99, 24/11/99, 25/11/99, 26/11/99, 29/11/99, 30/11/99 JUDGMENT DATE : 22 December 1999

PARTIES : Vicki Jane Sprowles v Makita (Australia) Pty Limited JUDGMENT OF : James J

COUNSEL : RS Toner SC/M Jenkins (Plaintiff) MJ Cranitch SC/P Morris (Defendant) SOLICITORS : Shephard & Shephard (Plaintiff) Moray & Agnew (Defendant) CATCHWORDS : Negligence - Causation DECISION : Verdict for the Plaintiff

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

JAMES J

Wednesday 22 December 1999

020841/97 - Vicki Jane Sprowles v Makita (Australia) Pty Limited

JUDGMENT 1 HIS HONOUR: This is an action for damages for personal injuries brought by the plaintiff Vicki Jane Sprowles against the defendant, her former employer Makita (Australia) Pty Limited ("Makita") arising out of an accident which the plaintiff alleges occurred on 30 June 1986. The plaintiff claims that on 30 June 1986 she slipped and fell down some stairs on a stairway leading from a roof top car park to her employer's office in a building at Gladesville. The proceedings were commenced in the District Court, after an extension of time had been granted in which to commence the proceedings, and they were then transferred to the Supreme Court. As the alleged accident happened as long ago as 30 June 1986, the assessment of damages, if the plaintiff succeeds in establishing liability, is unaffected by the provisions of Div 3 of Pt 5 of the Workers Compensation Act. Makita has disputed liability, disputed that the plaintiff has really suffered all of the symptoms and disabilities she has claimed and disputed that any symptoms and disabilities she has really suffered were caused by any accident on 30 June 1986. 2 The evidence at the trial consisted of oral evidence given in the plaintiff's case by the plaintiff herself, her mother, three women friends of the plaintiff, a scientific expert Associate Professor D H Morton and a psychiatrist Dr Andrew Wilson; oral evidence given in the defendant's case by Mr Geoffrey Firth, a former employee of the defendant, and by Dr David Millons, an orthopaedic surgeon; and various documents tendered by either the plaintiff or the defendant.