Haleluka v Coles Supermarkets Australia Pty Ltd [2011] NSWDC 47

District Court New South Wales

Medium Neutral Citation: Haleluka v Coles Supermarkets Australia Pty Ltd [2011] NSWDC 47 Hearing dates: 16/6/11, 17/6/11 Decision date: 23 June 2011 Jurisdiction: Civil Before: Elkaim SC DCJ Decision: See paragraphs 56 and 57 Catchwords: Occupier's liability. Legislation Cited: Civil Liability Act 2002 Cases Cited: Australian Safeway Stores Pty Ltd v Zaluzna (1987) 162 CLR 479 Category: Principal judgment Parties: Maria Haleluka (Plaintiff) Coles Supermarkets Australia Pty Ltd (Defendant) Representation: A Lidden SC and M Daley (Plaintiff) S Torrington (Defendant) Brydens Law Office (Plaintiff) Lander & Rogers (Defendant) File Number(s): 2010/00261191

Judgment 1The defendant operates supermarkets throughout Australia. One of them is in the Kellyville Plaza. On 19 August 2008 the plaintiff was shopping in this supermarket. She was squatting as she examined products 'on special' near ground level. She was struck by a "dairy flat top trolley" laden with boxes. The plaintiff was injured. She seeks damages arising from her injuries. 2The defendant denied liability and alleged contributory negligence. There was little basis for either stance. One only has to look at the defendant's incident report and investigation (Exhibit B) to see that there is little dispute about the facts. 3The plaintiff alleges that she injured her right hip and low back. She seeks damages under the following heads: non-economic loss, past and future economic loss, past and future domestic care and medical expenses. The defendant disputed the extent of the plaintiff's injuries and the size of the damages that she sought. 4The action is governed by the Civil Liability Act 2002 (the "CLA").