Fogarty v Coles Supermarkets Australia Pty Ltd [2017] NSWDC 396

District Court New South Wales

Medium Neutral Citation: Fogarty v Coles Supermarkets Australia Pty Ltd [2017] NSWDC 396 Hearing dates: 30 – 31 October, 1 – 2 November 2017 (Port Macquarie) Date of orders: 02 November 2017 Decision date: 02 November 2017 Jurisdiction: Civil Before: Neilson DCJ Decision: I give verdict and judgment for the plaintiff against the defendant for $536,950.41. I grant credit to the defendant for the sum of $6,590 already paid by the defendant to or on behalf of the plaintiff by way of partial reimbursement of out of pocket expenses.

I order the defendant to pay the plaintiff's costs on the ordinary basis until 14 August 2017 and thereafter on an indemnity basis.

Liberty to the parties to apply in the event that the calculations provided to me by counsel as to the quantum of the claim for past gratuitous attendant care services are inaccurate. Catchwords: CIVIL – TORTS – Damages for personal injury for tort of negligence – Slip and fall in supermarket on pool of water – Long history of back injury – Nevertheless, degenerative condition in back caused by fall on 29 October 2007 Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Calderbank v Calderbank [1974] 3 All ER 333 Category: Principal judgment Parties: Yvonne Evelyn Fogarty (Plaintiff) Coles Supermarkets Pty Limited (Defendant) Representation: Counsel: Mr E Romaniuk SC with Mr T Willis (Plaintiff) Mr N Polin SC (Defendant)

Solicitors: JM Glass & Son Solicitors (Plaintiff) Richard Mole & Associates (Defendant) File Number(s): 2010/365990 Publication restriction: Nil