David Michael Wilson v Nilepac Pty Limited trading as Vision Personal Training (Crows Nest) [2009] NSWSC 1365

New South Wales Supreme Court

CITATION : David Michael Wilson v Nilepac Pty Limited trading as Vision Personal Training (Crows Nest) [2009] NSWSC 1365

HEARING DATE(S) : 15-18 June 2009; written submissions closed 20 July 2009

JUDGMENT DATE : 10 December 2009

JURISDICTION : Common Law

JUDGMENT OF : McCallum J

DECISION : (1) Verdict and judgment for the defendant. (2) The plaintiff is to pay the defendant's costs of the proceedings.

CATCHWORDS : NEGLIGENCE – duty of care – plaintiff alleges he was injured whilst exercising at a gym under the supervision of a personal trainer– standard of care owed by the reasonable personal trainer and reasonable personal training studio – NEGLIGENCE – breach – whether exercises requested by trainer unreasonable in the circumstances – whether trainer was adequately supervised – whether program devised for plaintiff was unsafe and unsuitable – NEGLIGENCE – general principles – application of s 5B Civil Liability Act – NEGLIGENCE – causation – general principles – factual causation – application of s 5D Civil Liability Act – EVIDENCE – expert evidence – failure of expert to disclose reasoning by which conclusions were reached

LEGISLATION CITED : Civil Liability Act 2002 Evidence Act 1995

CATEGORY : Principal judgment

Coastwide Fabrication & Erection Pty Ltd v Honeysett [2009] NSWCA 134 Dovuro Pty Ltd v Wilkins [2003] HCA 51; (2003) 215 CLR 317 Imbree v McNeilly [2008] HCA 40; (2008) 236 CLR 510 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; (2001) 52 NSWLR 705 CASES CITED : Neill v NSW Fresh Food & Ice Pty Ltd (1963) 108 CLR 362 Nguyen v Cosmopolitan Homes [2008] NSWCA 246 R v Welsh (1996) 90 A Crim R 364 Ramsay v Watson (1961) 108 CLR 642 Ruddock v Taylor [2003] NSWCA 262; (2003) 58 NSWLR 269 Strinic v Singh [2009] NSWCA 15