Woolworths Limited v Strong & Anor [2010] NSWCA 282

New South Wales Court of Appeal

CITATION: Woolworths Limited v Strong & Anor [2010] NSWCA 282

HEARING DATE(S): 2 September 2010

JUDGMENT DATE: 2 November 2010

JUDGMENT OF: Campbell JA at 1; Handley AJA at 80; Harrison J at 81

(1) Appeal allowed. (2) Set aside the judgment and all orders for costs in the court below. DECISION: (3) In lieu thereof order that the proceedings be dismissed and that the First Respondent pay the costs of the Appellant and the Second Respondent in the court below. (4) Appellant to pay Second Respondent's costs of the appeal, limited to the costs that would have been incurred in filing an appearance submitting to any order the court might make save an order requiring it to pay costs to any party. (5) First Respondent to pay the costs of the Appellant of the appeal including the costs the Appellant is ordered to pay to the Second Respondent, but to have a certificate under the Suitors' Fund Act 1951 if entitled. (6) Order the First Respondent to pay to the Appellant any amount she has received in payment or partial payment of the judgment in the court below, together with interest at the rate prescribed pursuant to section 101 Civil Procedure Act 2005 from the date the First Respondent received that sum to the date she repays it.

CATCHWORDS: TORTS - negligence - damage - causation - whether causation established - sections 5D and E, Civil Liability Act 2002 - no basis on which a judge could conclude that taking of reasonable care involved any greater diligence than what was applied

Civil Law (Wrongs) Act 2002 (ACT) Civil Liability Act 2002 LEGISLATION CITED: Civil Liability Amendment (Personal Responsibility) Act 2002 Civil Procedure Act 2005 Law Reform (Miscellaneous Provisions) Act 1965 Law Reform (Miscellaneous Provisions) Amendment Act 2000