ALDI Foods Pty Ltd v Young [2016] NSWCA 109

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: ALDI Foods Pty Ltd v Young [2016] NSWCA 109 Hearing dates: 14 August 2015 Decision date: 13 May 2016 Before: Meagher JA at [1]; Simpson JA at [26]; Adamson J at [149] Decision: (1) Appeal allowed, to the extent only that the award of damages referable to the respondent's claim for future domestic assistance on a commercial basis is set aside;

(2) Appeal otherwise dismissed;

(3) Judgment for the respondent in the sum of $117,000, that judgment to take effect on 22 October 2014;

(4) The appellant to pay 90 per cent of the respondent's costs. Catchwords: TORTS – negligence – personal injury – respondent tripped on pallet jack in appellant's store – duty of care owed by appellant as occupier of store – whether primary judge erred in attributing insufficient weight to CCTV footage and preferring account given by respondent – Supreme Court Act 1970 (NSW), s 75A(6) – CCTV footage more consistent with respondent's version of events – no error made by primary judge in preferring account given by respondent

TORTS – negligence – breach of duty – whether error in finding of breach – Civil Liability Act 2002 (NSW), s 5B – causation – whether appellant's negligence caused respondent's injuries – Civil Liability Act 2002 (NSW), s 5D – contributory negligence – whether finding of 10 per cent contributory negligence erroneously inadequate – grounds of appeal against liability dismissed

DAMAGES – non economic loss – whether assessment of non-economic loss manifestly excessive – extent to which respondent's symptoms caused by injury in appellant's store – pre-injury condition – Purkess v Crittenden [1965] HCA 34; 114 CLR 164 – assessment of non-economic loss not manifestly excessive