Kellys Property Management Services Pty Ltd v Anjoshco Pty Ltd trading as McDonalds BP Chinderah [2016] NSWCA 341

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Kellys Property Management Services Pty Ltd v Anjoshco Pty Ltd trading as McDonalds BP Chinderah [2016] NSWCA 341 Hearing dates: 18 November 2016 Decision date: 06 December 2016 Before: Meagher JA at [1]; Gleeson JA at [2]; N Adams J at [74] Decision: 1. Appeal dismissed. 2. Appellant to pay the respondent's costs. Catchwords: TORTS - negligence – slip and fall – workplace injury – tiled walkway left wet and unguarded following cleaning – respondent employer paid injured employee compensation and successfully claimed indemnity from appellant cleaning company appellant in court below – Workers Compensation Act 1987 (NSW) s 151Z(1)(d) – challenge to factual finding by primary judge – whether employee acting reasonably should have been aware the floor was wet – cleaning machine left floor damp – usual cleaning system involved placing chairs on tables and 'wet floor' signs around perimeter of section being cleaned – expert evidence that wetness of tiles difficult to see – where finding that 'wet floor' signs displayed in adjoining food court and behind rubbish bin not obvious – where finding that sign outside toilets indicated to employees toilets closed for cleaning – where employee slipped and fell when turning right into corridor towards alternative toilet – where perimeter of wet walkway left unsigned Legislation Cited: Civil Liability Act 2002 (NSW) ss 5B, 5F, 5G, 5H, 5R, 5S Workers Compensation Act 1987 (NSW) s 151Z Supreme Court Act 1970 (NSW) s 75A Uniform Civil Procedure Rules 2005 (NSW) rr 51.18, 51. 36, 42.1 Cases Cited: Bevillesta Pty Ltd v Liberty International Insurance Company [2009] NSWCA 16 Boral Bricks Pty Ltd v Cosmidis (No 2) (2014) NSWLR 393; [2014] NSWCA Fitzsimmons v Coles Supermarkets Australia Pty Ltd [2013] NSWCA 273 Gordon v Truong (2014) 66 MVR 241; [2014] NSWCA 97 Category: Principal judgment Parties: Applicant – Kellys Property Management Services Pty Ltd Respondent – Anjoshco Pty Ltd Representation: Counsel: Applicant – Mr N Polin SC Respondent – Mr R Gambi