Vincent v Woolworths Ltd [2016] NSWCA 40

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Vincent v Woolworths Ltd [2016] NSWCA 40 Hearing dates: 29 February 2016 Decision date: 15 March 2016 Before: McColl JA at [1]; Macfarlan JA at [2]; Ward JA at [53] Decision: Appeal and cross-claims dismissed with costs. Catchwords: TORTS – negligence – merchandiser working in supermarket seriously injured when she stepped backwards off a small step into a shopping trolley – nature of supermarket's duty of care – "harm" referred to in s 5B(1)(b) of the Civil Liability Act is appreciable personal injury – whether risk of harm "not insignificant" – whether reasonable person would have taken precautions – relevance of common practice – extent of employer's liability – entitlement of occupier and employer to expect care to be taken in performance of commonplace activities Legislation Cited: Civil Liability Act 2002 (NSW) Cases Cited: Czatyrko v Edith Cowan University [2005] HCA 14; 79 ALJR 839 Dovuro Pty Ltd v Wilkins [2003] HCA 51; 215 CLR 317 O'Connor v Commissioner for Government Transport [1954] HCA 11; 100 CLR 225 Roads and Traffic Authority of NSW v Dederer [2007] HCA 42; 234 CLR 330 Rosenberg v Percival [2001] HCA 18; 205 CLR 434 Seage v State of New South Wales [2008] NSWCA 328 South Sydney Junior Rugby League Club Ltd v Gazis [2016] NSWCA 8 Sydney Water Corporation v Turano [2009] HCA 42; 239 CLR 51 Thompson v Woolworths (Queensland) Pty Ltd [2005] HCA 19; 221 CLR 234 Wyong Shire Council v Shirt [1980] HCA 12; 146 CLR 40 Texts Cited: Glass, McHugh and Douglas, The Liability of Employers (2nd ed 1979, The Law Book Company Ltd) Category: Principal judgment Parties: Christine Vincent (Appellant) Woolworths Ltd (First Respondent/Cross-Respondent) Counterpoint Marketing & Sales Pty Ltd (Second Respondent/Cross-Appellant) Representation: Counsel: E Romaniuk SC/H Chiu (Appellant) J E Sexton SC (First Respondent/Cross-Respondent) D Hooke SC/P O'Connor (Second Respondent/Cross-Appellant)