Thomas v AMP Capital Investors Limited [2016] NSWDC 347

District Court New South Wales

Medium Neutral Citation: Thomas v AMP Capital Investors Limited [2016] NSWDC 347 Hearing dates: 14, 15 and 16 November 2016 Date of orders: 02 December 2016 Decision date: 02 December 2016 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Judgment for the defendant. (2) Plaintiff pay defendant's costs. (3) Liberty to apply in relation to costs. (4) Exhibits retained for 28 days. Catchwords: TORT – negligence – personal injury – plaintiff tripped over brightly painted wheel stop in shopping centre car park – duty of care – breach of duty – obvious risk – expert evidence that the car park design and wheel stop conformed with development application requirements of the local council – whether the defendant owed the plaintiff a duty of care in relation to the design of the car park although the design and construction of the car park had been delegated to others – contributory negligence – judgment for the defendant Legislation Cited: Civil Liability Act 2002 (NSW), ss 5B, 5C, 5F, 5G, 5H, 5I Cases Cited: Australian Safeway Stores Pty Ltd v Zaluzna (1987) 162 CLR 479 Boral Bricks Pty Ltd v Cosmidis [2013] NSWCA 443 Neindorf v Junkovic (2005) 222 ALR 631 Port Macquarie Hastings Council v Mooney (2014) 201 LGERA 314 Roads and Traffic Authority of NSW v Dederer (2007) 234 CLR 330 Sampco Pty Ltd v Wurth [2015] NSWCA 117 Sweeney v Boylan Nominees Pty Ltd (2006) 226 CLR 161 Varga v Galea [2011] NSWCA 76 Category: Principal judgment Parties: Plaintiff: Elizabeth Thomas Defendant: AMP Capital Investors Limited Representation: Counsel: Plaintiff: Mr S P Brennan Defendant: Mr N J Polin SC