Dale Erwin-Jones v Latitude Underwriting Pty Ltd [2016] NSWDC 46

District Court New South Wales

Medium Neutral Citation: Dale Erwin-Jones v Latitude Underwriting Pty Ltd [2016] NSWDC 46 Hearing dates: 18 – 19 February; 24 March 2016 Decision date: 08 April 2016 Jurisdiction: Civil Before: Mahony SC DCJ Decision: Verdict and judgment for the plaintiff. For orders see [166] Catchwords: Slip and fall in restaurant; negligence. Legislation Cited: Civil Liability Act 2003 (Qld) Evidence Act 2005 (NSW) Personal Injuries Proceedings Act 2001 (Qld) Cases Cited: Erwin-Jones v Latitude Underwriting Pty Ltd [2016] NSWDC 34 John Pfeiffer Pty Ltd v Rogerson (2000) 203 CLR 503 Jones v Dunkel (1959) 101 CLR 298 Malec v J C Hutton Pty Ltd (No 2) (1990) 169 CLR 638 Medlin v State Government Insurance Commission (1995) 1825 CLR 1 Reardon-Smith v Allianz Australia Insurance Ltd [2007] QCA 211 Strong v Woolworths Ltd t/as Big W (2012) 246 CLR 182 Category: Principal judgment Parties: Dale Erwin-Jones (Plaintiff) Latitude Underwriting Pty Ltd (Defendant) Representation: Counsel: R Foord (Plaintiff) S McCarthy (Defendant)

Solicitors: Denniston & Day Lawyers Clyde & Co File Number(s): 14/215213 Publication restriction: Nil

Judgment

The plaintiff's claim 1. The plaintiff claims damages for personal injuries suffered by her on Monday 23 August 2010, when she fell in premises owned and occupied by the International Arts Promotions Pty Limited t/as the Sitar Group. The defendant stands in the shoes of that corporation which was de-registered on 21 June 2015. 2. The corporation operated an Indian restaurant at 331 Sandgate Road, Albion in Brisbane, Queensland. It was common ground in the proceedings that the substantive law of Queensland therefore applied to the proceedings pursuant to John Pfeiffer Pty Ltd v Rogerson (2000) 203 CLR 503. 3. By orders made by me on 18 February 2016 in Lismore, the plaintiff was granted leave to commence proceedings after the expiration of the three year limitation period, pursuant to s 59(2) of the Personal Injuries Proceedings Act 2001 (Qld) ("PIPA"), nunc pro tunc, by filing her Statement of Claim in this court on 14 July 2014. (see Erwin-Jones v Latitude Underwriting Pty Ltd [2016] NSWDC 34). 4. The trial proceeded on 18 and 19 February at Lismore and concluded on 24 March 2016 at Sydney.