Bradshaw v Sydney Airport Corporation [2013] NSWDC 53

District Court New South Wales

Medium Neutral Citation: Bradshaw v Sydney Airport Corporation [2013] NSWDC 53 Hearing dates: 23/04/2013 - 24/4/2013 Decision date: 30 April 2013 Jurisdiction: Civil Before: Elkaim SC DCJ Decision: Verdict for the plaintiff against the first defendant for $297,618.63 Catchwords: Occupier's liability, previous accident Legislation Cited: Civil Liability Act 2002 Motor Accidents Compensation Act 1999 Workers Compensation Act 1987 Cases Cited: Australian Safeway Stores Pty Ltd v Zaluzna (1987) 162 CLR 479 Leonard v Smith (1992) 27 NSWLR 5 Category: Principal judgment Parties: Joshua Dean Bradshaw (Plaintiff) Sydney Airport Corporation (First Defendant) Representation: A Lidden SC and M Campbell (Plaintiff) D Talintyre (First Defendant) Brydens Law Office (Plaintiff) Sparke Helmore (First Defendant) File Number(s): 2011/00334404 Publication restriction: No

Judgment 1The plaintiff was born in 1972. He left school during Year 9 and soon commenced work as a labourer. This has been the nature of his work ever since. On 23 October 2008 he fell at work and was injured. He says that his injuries were caused by the first defendant and, in this action, he seeks damages. 2The plaintiff settled his differences with the second defendant. It has played no part in the hearing before me. 3The first defendant (which I will now refer to as the defendant) is the occupier of the area where the plaintiff was injured. It accepts it owed him the duty of care of an occupier but otherwise denies liability. In case it is wrong about liability, the defendant alleges contributory negligence on the plaintiff's part. It also challenges the nature and extent of the injuries allegedly suffered by the plaintiff. 4The action is governed by the Civil Liability Act 2002 (the "CLA"). In an Amended Defence filed on the first day of hearing the defendant included an assertion that the plaintiff had been injured as a result of an obvious risk. 5The primary defence was that the plaintiff's accident had not occurred as alleged. Rather he had fallen at a different place and for different reasons. 6The plaintiff claimed damages under the following heads: non-economic loss, past and future economic loss, past and future medical expenses and past and future care.