Raad v VM & KTP Holdings Pty Ltd as Trustee for VM & KTP Nguyen Family Trust [2016] NSWSC 888

Supreme Court New South Wales

Medium Neutral Citation: Raad v VM & KTP Holdings Pty Ltd as Trustee for VM & KTP Nguyen Family Trust [2016] NSWSC 888 Hearing dates: 26-30 October 2015 & 25 November 2015 Date of orders: 29 June 2016 Decision date: 29 June 2016 Jurisdiction: Common Law Before: Davies J Decision: 1. Judgment for the Plaintiff for $75,547. 2. I will hear the parties on costs. Catchwords: TORTS – negligence – slip and fall – plaintiff falls on wet tiles at shopping centre – tiles exposed to rain – breach of duty – whether insignificant risk – risk of persons slipping – reasonable response to risk -whether tiles should have been coated in non-slip surface – whether tiles should have been replaced – whether obvious risk – contributory negligence – whether plaintiff adjusted speed of travel when stepping onto tiles – causation – plaintiff suffering from Scheuermann's disease – damage caused by fall limited in time – development of pain syndrome – psychological issues – absence of medical evidence to establish causation of pain syndrome and psychological issues TORTS – damages – plaintiff's immigration status – whether prohibited from working – error by Department of Immigration Legislation Cited: Civil Liability Act 2002 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Garzo v Liverpool / Campbelltown Christian School [2012] NSWCA 151 Schultz v McCormack [2015] NSWCA 330 Smith's Newspapers Ltd v Becker (1932) 47 CLR 279 State Rail Authority of NSW v Wiegold (1991) 25 NSWLR 500 Category: Principal judgment Parties: Abdul Raad (Plaintiff) VM & KTP Holdings Pty Ltd as Trustee for VM & KTP Nguyen Family Trust (Defendant) Representation: Counsel: V Jurisich (Plaintiff) R Gambi (Defendant)