Andreou v Woolworths Limited [2013] NSWDC 83

District Court New South Wales

Medium Neutral Citation: Andreou v Woolworths Limited [2013] NSWDC 83 Hearing dates: 16, 17 & 24 April 2013 Decision date: 07 June 2013 Before: Levy SC DCJ Decision: 1.Verdict and judgment for the defendant 2.The plaintiff is to pay the defendant's costs on the ordinary basis unless otherwise ordered; 3.The exhibits may be returned; 4.Liberty to apply on 7 days notice if further orders are required. Catchwords: TORTS - negligence - occupiers liability - plaintiff fell on wet floor in supermarket due to entry of rainwater through ceiling - whether obvious risk - whether breach of duty of care - whether contributory negligence; DAMAGES - assessment of claimed heads of damage Legislation Cited: Civil Liability Act 2002, s 5B, s 5D, s 5F, s 5G, s 15(3), s 16 Uniform Civil Procedure Rules 2005, r 31.6 Cases Cited: Graham v Baker [1961] HCA 48; (1961) 106 CLR 340 Mason v Demasi [2009] NSWCA 227 Strong v Woolworths [2012] HCA 5; (2012) 246 CLR 182 Category: Principal judgment Parties: Lisa Marie Andreou (Plaintiff) Woolworths Limited (Defendant) Representation: Mr A Lidden SC with Mr M Maxwell (Plaintiff) Mr J Catsanos (Defendant) Brydens (Plaintiff) HBA Legal (Defendant) File Number(s): 2012/44494 Publication restriction: None

Judgment

Table of Contents Nature of case [1] Background [2] Credit and reliability of testimony [3] Issues [4] Facts [5] - [73] Plaintiff's circumstances and background [6] - [21] Initial treatment following the fall [22] - [24] Findings as to injury [25] - [30] Medical treatment and evaluations [31] - [66] Disabilities [67] - [70] Work effects [71] Domestic effects [72] Mitigation [73] Issue 1 - Circumstances of injury [74] - [116] Plaintiff's version [75] - [81] Mrs Fox's version [82] - [87] Ms Wilson [88] - [99] Incident report [100] - [108] Factual conclusions concerning occurrence [109] - [116] Issue 2 - Whether obvious risk [117] - [120] Issue 3 - Negligence [121] - [134] Issue 4 - Contributory negligence [135] - [137] Issue 5 - Assessment of damages [138] - [202] Life span [139] Non-economic loss [140] - [144] Economic loss [145] - [161] Superannuation [162] Past domestic assistance [163] - [191] Future domestic assistance [192] - [196] Future treatment [197] - [200] Past out-of-pocket expenses [201] Summary of damages assessment [202] Disposition [203] Costs [204] Orders [205]