Woolworths Ltd v Ryder [2014] NSWCA 223

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Woolworths Ltd v Ryder [2014] NSWCA 223 Hearing dates: 30 May 2014 Decision date: 16 July 2014 Before: Basten JA at [1]; Ward JA at [13]; Sackville AJA at [14] Decision: 1. Appeal allowed. 2. Set aside Orders 1 and 2 made by the primary Judge on 25 July 2013. 3. In lieu of Orders 1 and 2 made by the primary Judge, make the following Orders: (1) Judgment for the defendant (Woolworths). (2) The plaintiff pay Woolworths' costs. 4. The respondent pay Woolworths' costs of the appeal. 5. Grant the respondent a certificate under the Suitors' Fund Act 1951 (NSW). [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: TORTS - negligence - duty of care - whether an operator of a supermarket in a shopping centre owes a duty of care to users of a common area near the entrance of its premises in circumstances where a hazard is created by use of a product purchased from the vendor - whether the primary judge's finding that an admission was made by an employee of the occupier was supported by evidence - whether, assuming a duty of care to exist, the supermarket operator breached its duty Legislation Cited: Civil Liability Act 2002 (NSW) s 5B Cases Cited: Caltex Refineries (Qld) Pty Ltd v Stavar [2009] NSWCA 258; 75 NSWLR 649 Devries v Australian National Railways Commission [1993] HCA 78; 177 CLR 472 Fox v Percy [2003] HCA 22; 214 CLR 118 Jones v Dunkel [1959] HCA 8; 101 CLR 298 Kuhl v Zurich Financial Services Australia Ltd [2011] HCA 11; 243 CLR 361 Lesandu Blacktown Pty Ltd v Gonzalez [2013] NSWCA 8 Modbury Triangle Shopping Centre Pty Ltd v Anzil [2000] HCA 61; 205 CLR 254 Schellenberg v Tunnel Holdings Pty Ltd [2000] HCA 18; 200 CLR 121 Sullivan v Moody [2001] HCA 59; 207 CLR 562 Sydney Water Corporation v Turano [2009] HCA 42; 239 CLR 51 Tame v New South Wales [2002] HCA 35; 211 CLR 317 Tracey Leeann Ryder v Woolworths Ltd (District Court (NSW), 25 July 2013, unrep) Texts Cited: Sappideen and Vines, Fleming's The Law of Torts (10th ed, Lawbook Co, 2011) Category: Principal judgment Parties: Woolworths Ltd (Appellant) Tracey Ryder (Respondent) Representation: Counsel: J E Sexton SC and J W Catsanos (Appellant) C T Barry QC and A P Quinlivan (Respondent)