Raketic v Star Crest Investment Pty Limited [2018] NSWDC 303

District Court New South Wales

Medium Neutral Citation: Raketic v Star Crest Investment Pty Limited [2018] NSWDC 303 Hearing dates: 2 and 3 May 2018 Date of orders: 04 May 2018 Decision date: 04 May 2018 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Judgment for the plaintiff in the sum of $31,103. (2) Reserve costs to be argued on a date to be fixed. Catchwords: NEGLIGENCE – slip and fall – supermarket – water - contributory negligence DAMAGES Legislation Cited: Civil Liability Act 2002, s 5B, s 5R, s 16 Law Reform (Miscellaneous Provisions) Act 1965 Cases Cited: ECS Group (Australia) Pty Ltd v Hobby [2014] NSWCA 193 Miller v Galderisi [2009] NSWCA 353 Smith v Alone [2017] NSWCA 287 Category: Principal judgment Parties: Gordana Raketic - plaintiff Star Crest Investment Pty Limited - defendant Representation: Counsel: Mr A Campbell - plaintiff Mr B G Smith - defendant

Solicitors: Law Partners Personal Injury Lawyers - plaintiff Curwoods Lawyers – defendant File Number(s): 2017/98172 Publication restriction: None

Judgment 1. Gordana Raketic was injured on 10 March 2016 when she slipped on a wet floor in the IGA supermarket at Heathcote owned by the defendant company. She sues for personal injury damages.

Issues 1. The defendant admits a breach of duty of care and admits that its breach caused Ms Raketic to fall. 2. The only issues remaining are whether Ms Raketic was contributorily negligent, and the quantum of her damages.