Parker v City of Bankstown RSL Community Club Ltd [2014] NSWSC 772

Supreme Court New South Wales

Medium Neutral Citation: Parker v City of Bankstown RSL Community Club Ltd [2014] NSWSC 772 Hearing dates: 26, 27, 28, 29 and 30 May 2014 Decision date: 11 June 2014 Jurisdiction: Common Law Before: Adamson J Decision: 1. Judgment for the defendants. 2. Dismiss the cross-claims. 3. Unless an application for a different order is made within seven days in writing to my Associate, order the plaintiff to pay the defendants' costs of the proceedings. Catchwords: TORTS - negligence - defendants not negligent as strip lighting was illuminated -plaintiff failed to take reasonable care for her own safety - assessment of damages - no evidence as to the number of hours of care and assistance family members would have performed but for the fall and what they are now required to do because of the fall - threshold for damages referable to the care of dependants not met under s 15B of the Civil Liability Act 2002 (NSW) - no real prospects of running a profitable business but for the injury Legislation Cited: Civil Liability Act 2002 (NSW), s 5A, s 15, s 15B Cases Cited: Allianz Australia Insurance Limited v Cervantes [2012] NSWCA 244 Coles Supermarkets Australia Pty Limited v Haleluka [2012] NSWCA 343 Graham v Baker (1961) 106 CLR 340 Pollard v Baulderston Hornibrook Engineering Pty Limited [2008] NSWCA 99 State of New South Wales v Perez (2013) 84 NSWLR 570 Category: Principal judgment Parties: Kathleene Parker (Plaintiff) City of Bankstown RSL Community Club Limited (1st Defendant) Glenda Yee (2nd Defendant) Dennis Reginald Yee (3rd Defendant) Representation: Counsel: M Daley (Plaintiff) R Cavanagh SC (1st Defendant) M White SC/ B Kaplan (2nd & 3rd Defendant) Solicitors: Brydens Compensation Lawyers (Plaintiff) Thompson Cooper Lawyers (1st Defendant) Colin Biggers & Paisley (2nd & 3rd Defendants) File Number(s): 2010/109965 Publication restriction: Nil