Marie Kuban v Hunter Valley Gardens Pty Ltd t/as Harrigan’s Irish Pub and Accommodation [2015] NSWDC 245

District Court New South Wales

Medium Neutral Citation: Marie Kuban v Hunter Valley Gardens Pty Ltd t/as Harrigan's Irish Pub and Accommodation [2015] NSWDC 245 Hearing dates: 11, 12 March 2015 Date of orders: 08 April 2015 Decision date: 08 April 2015 Jurisdiction: Civil Before: Judge AC Scotting Decision: See paragraph [143] Catchwords: CIVIL – judgment – personal injury – plaintiff – slip and fall – injury to buttock – damages – admission as to liability – recognition of duty of care – assessment of damages Legislation Cited: Civil Liability Act 2002 Cases Cited: Hall v State of New South Wales [2014] NSWCA 154 Berkeley Challenge Pty Ltd v Howarth [2013] NSWCA 370 Strike v Fiji Resorts Ltd [2012] NSWSC 1271 Carroll v Thompson [2014] NSWDC 96; Hall v State of New South Wales [2014] NSWCA 154 Coles Supermarkets Australia Pty Ltd v Meneghello [2013] NSWCA 264. Category: Principal judgment Parties: Marie Kuban (Plaintiff) Hunter Valley Gardens Pty Ltd t/as Harrigan's Irish Pub and Accomodation (Defendant) Representation: Counsel: Mr A Lidden SC with Ms E Welsh (Plaintiff) Mr D Lloyd (Defendant)

Solicitors: Brydens Compensation Lawyers (Plaintiff) Collins Biggers & Paisley (Defendant) File Number(s): 2013/378647

Judgment

Introduction 1. The plaintiff sues the defendant for damages for personal injury sustained on 27 March 2011, when the plaintiff slipped on some stairs at the entrance to the defendant's premises, a licensed hotel at Pokolbin in the Hunter Valley (the premises). 2. The defendant admitted that it owed the plaintiff a duty of care and that it had breached that duty of care. The matter proceeded as an assessment of damages only, in which there was no allegation of contributory negligence. 3. Mr Lidden SC and Ms Welsh appeared for the plaintiff. Mr Lloyd appeared for the defendant.