Christie v Herro t/as Chemist Warehouse Oxford Street (No 2) [2018] NSWDC 237

District Court New South Wales

Medium Neutral Citation: Christie v Herro t/as Chemist Warehouse Oxford Street (No 2) [2018] NSWDC 237 Hearing dates: 17 – 18 May, 18 June 2018 Date of orders: 19 June 2018 Decision date: 19 June 2018 Jurisdiction: Civil Before: Neilson DCJ Decision: I give verdict and judgment for the plaintiff against the defendant for $248,603

I order the defendant to pay the plaintiff's costs on the ordinarily basis until Thursday 10 May 2018, and thereafter on an indemnity basis. Catchwords: CIVIL – TORTS – Negligence – Occupier's liability – Ramp supporting display stand encroaching on footpath – Trip and fall – Whether contributory negligence – Damages – Claim for future paid care/domestic assistance Legislation Cited: Civil Liability Act 2002 Cases Cited: Hornsby Shire Council v Viscardi [2015] NSWCA 417 Category: Principal judgment Parties: Beverley Christie (Plaintiff) Tony Herro trading as Chemist Warehouse Oxford Street (Defendant) Representation: Counsel: Mr M Inglis (Plaintiff) Mr J Sleight (Defendant)

Solicitors: Commins Hendricks (Plaintiff) Curwoods Lawyers (Defendant) File Number(s): 2017/171889 Publication restriction: Nil

Judgment 1. HIS HONOUR: The plaintiff, Mrs Beverley Christie, brings an action for damages or personal injury which she says she sustained on 15 November 2015. The plaintiff's action is in the tort negligence. 2. At the time of the event in question, the plaintiff was 68 years old. She had been staying that weekend at a flat in Edgecliff in order to be with her extended family living in Sydney. The plaintiff had and has four adult sons and six grandchildren, all living within the Sydney metropolitan area. The plaintiff and her husband normally reside at 27 Church Avenue, Colo Vale in the Southern Highlands.