Zadel v Eastern Suburbs Leagues Club Ltd [2018] NSWDC 140

District Court New South Wales

Medium Neutral Citation: Zadel v Eastern Suburbs Leagues Club Ltd [2018] NSWDC 140 Hearing dates: 6, 7, 8, 9, 12 and 13 March 2018 Date of orders: 16 March 2018 Decision date: 16 March 2018 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Judgment for the plaintiff against the defendants in the sum of $10,336.02. (2) The question of costs reserved to a date to be fixed upon the representatives of the parties contacting my associate within seven days. (3) Leave to file in court the Notice of Discontinuance in respect of the cross-claim. Catchwords: NEGLIGENCE – fall – dancefloor - causation – contributory negligence – damages – pre-existing condition – lost earning capacity – domestic assistance Legislation Cited: Evidence Act 1995, s 62 Cases Cited: Czatyrko v Edith Cowan University [2005] HCA 14 Mason v Demasi [2009] NSWCA 227 Category: Principal judgment Parties: Frieda Zadel (plaintiff) Eastern Suburbs Leagues Club Ltd (ABN 63 000 249 490) (first defendant) Southern Cross Venue Services Pty Ltd (ACN 138 594 135) (second defendant) Representation: Counsel: Mr J Wilson (plaintiff) Mr B G Smith (defendants)

Solicitors: RMB Lawyers (plaintiff) HWL Ebsworth Lawyers (defendants) File Number(s): 2016/257500 Publication restriction: None

Judgment

A. Introduction 1. Frieda Zadel fell while dancing at the Eastern Suburbs Leagues Club at Berkeley, and injured her back. She sues the Club and the Club's security company, Southern Cross Venue Services Pty Ltd, for damages.