Kalolane Pty Limited v Hungry Jack’s Pty Limited [2015] NSWDC 82

District Court New South Wales

Medium Neutral Citation: Kalolane Pty Limited v Hungry Jack's Pty Limited [2015] NSWDC 82 Hearing dates: 7, 8 and 11 May 2015 Date of orders: 22 May 2015 Decision date: 22 May 2015 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1)Judgment for the defendant. (2)Plaintiff to pay the defendant's costs. (3)Entry of order (2) stayed for 14 days. (4)Any application for a variation of order (2) to be made by notice to the other party and provided to my associate within 14 days of today. Catchwords: NEGLIGENCE – personal injury – slip and fall – whether grease on premises – whether grease on shoe – whether negligence – whether slip – whether fall attributable to grease - damages Legislation Cited: Civil Liability Act 2002, s 5B, s 5C, s 5D Evidence Act 1995, s 45 Workers Compensation Act 1987, s151Z Cases Cited: March v (E & M) Stramare Pty Ltd (1991) 171 CLR 506; [1991] HCA 12 Railways, Commissioner for (Qld) v Ruprecht (1979) 143 CLR 563; [1979] HCA 37 Sungravure Pty Ltd v Meani (1964) 110 CLR 24; [1964] HCA 16 Wallace v Kam (2013) 250 CLR 375; [2013] HCA 19 Category: Principal judgment Parties: Kalolane Pty Limited (plaintiff) Hungry Jack's Pty Limited (defendant) Representation: Counsel: Mr D O'Dowd (plaintiff) Mr J A Gracie (defendant)

Solicitors: Moray Agnew (plaintiff) Gillis Delaney Lawyers (defendant) File Number(s): 2014/174806 Publication restriction: None