Shankar v The Uniting Church in Australia; Shankar v Domino's Pizza Enterprises Limited [2012] NSWSC 1552

Supreme Court New South Wales

Medium Neutral Citation: Shankar v The Uniting Church in Australia; Shankar v Domino's Pizza Enterprises Limited [2012] NSWSC 1552 Hearing dates: 12.04.2010 - 16.04.2010, 19.04.2010 - 20.04.2010, 12.05.2010 - 13.12.2010 Decision date: 13 December 2012 Jurisdiction: Common Law Before: Hidden J Decision: Judgment for plaintiff against first defendant Catchwords: PROCEEDINGS FOR DAMAGES - personal injury - accident at retreat conducted by first defendant in course of plaintiff's employment by second defendant - claims under Trade Practices Act, alternatively Civil Liability Act - claim under Trade Practices Act successful. Legislation Cited: Civil Liability Act 2002 Trade Practices Act 1974 (C'th) Cases Cited: - Action Paintball v Clarke [2005] NSWCA 170 - Galea v Bagtrans Pty Ltd [2010] NSWCA 350 - Earle v Castlemaine District Community Hospital [1974] VR722 Category: Principal judgment Parties: Vinay Shankar (plaintiff) The Uniting Church in Australia Property Trust (NSW) trading as Vision Valley Conference & Recreation Centre (first defendant); Domino's Pizza Enterprises Limited t/as Domino's Pizza (second defendant) Representation: A J Lidden SC with J M Fraser (plaintiff) S Torrington (first defendant) P N Khandhar (second defendant) Robert Brydon, Bryden's Law Office (plaintiff) Gillian Davidson, Sparke Helmore (first defendant) Samuel Kennedy (Turks Legal) (second defendant) File Number(s): 2009/29762; 2009/29760