Vincent v Woolworths Ltd and Vincent v Counterpoint Marketing & Sales Pty Ltd [2015] NSWSC 435

Supreme Court New South Wales

Medium Neutral Citation: Vincent v Woolworths Ltd and Vincent v Counterpoint Marketing & Sales Pty Ltd [2015] NSWSC 435 Hearing dates: 10, 11, 12, 13 June and 4 July 2014 Date of orders: 17 April 2015 Decision date: 17 April 2015 Jurisdiction: Common Law Before: Campbell J Decision: In matter No. 2010/401259 Judgment for the defendant; The plaintiff to pay the defendant's costs on the ordinary basis forthwith after they have been agreed or assessed; Second Cross-Claim dismissed with no order as to costs.

In matter No. 2013/190244 Judgment for the defendant; The plaintiff to pay the defendant's costs on the ordinary basis, if the defendant is otherwise entitled under the provisions of the Workers' Compensation Regulation 2010 (NSW); First Cross-Claim dismissed with no order as to costs. Catchwords: TORTS – negligence – liability for injury at work due to collision with trolley at supermarket operated by Woolworths – duty of care owed by Woolworths as the occupier of the premises to an entrant working in the course of their employment for their employer – whether the risk of personal injury is insignificant where risk of harm is reasonably foreseeable

TORTS – negligence – liability for injury at work due to collision with a trolley at a supermarket – duty of care owed by an employer where the employee was working as a merchandiser at another's premises – whether risk was foreseeable according to the common law principles

TORTS – contingent finding – response to identifiable risk – assessment of the burden of alleviating risk by both the employer and the occupier of the premises – where both businesses operate on a national scale