Officeworks Ltd v Christopher [2019] NSWCA 96

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Officeworks Ltd v Christopher [2019] NSWCA 96 Hearing dates: 16 April 2019 Decision date: 06 May 2019 Before: Meagher JA at [1]; Gleeson JA at [2]; Leeming JA at [3] Decision: 1. Appeal allowed.

2. Set aside the judgment entered on 19 October 2018.

3. Direct the parties to provide an agreed amount of judgment, or, in default of agreement, direct the parties to provide the judgment amounts for which she and it contend and short submissions in support, in accordance with the timetable in order 5 below.

4. Direct the parties to provide an agreed minute of order as to costs, or, in default of agreement, direct the parties to provide the orders as to costs for which she and it contend and short submissions in support, in accordance with the timetable in order 5 below.

5. Any documents supplied by Ms Christopher pursuant to orders 3 and 4 above to be supplied to the Associate of Leeming JA and served within 14 days of today, and any documents supplied by Officeworks pursuant to orders 3 and 4 above to be supplied to the Associate of Leeming JA and served within 28 days of today, with a view to any remaining issue being determined on the papers. Catchwords: APPEALS – appeal confined to damages – concession that appeal should be allowed – whether remitter necessary – powers of Court of Appeal to make findings of fact – desirability of avoiding retrial

NEGLIGENCE – occupier's liability – object fell on plaintiff's shoulder while in premises – occupier did not challenge liability – appeal limited to damages – plaintiff had undergone shoulder surgery shortly beforehand – absence of findings of fact by primary judge as to circumstances of the accident – whether on the basis most favourable to plaintiff, she had established injury from occupier's negligence – smaller judgment substituted Legislation Cited: Civil Liability Act 2002 (NSW), ss 5D, 5E, 15, 16 Constitution Act 1902 (NSW), s 53 Judicial Officers Act 1986 (NSW), Parts 6 and 7 Suitors' Fund Act 1951 (NSW) Supreme Court Act 1970 (NSW), ss 75A, 105, 107 Uniform Civil Procedure Rules, r 51.53 Cases Cited: Firth v Sutton [2010] NSWCA 90 GIO of NSW v Evans (1990) 21 NSWLR 564 Johnson v Perez (1988) 166 CLR 351; [1988] HCA 64 Nobarani v Mariconte [2018] HCA 36; 92 ALJR 806 Wallace v Kam (2013) 250 CLR 375; [2013] HCA 19 Category: Principal judgment Parties: Christina Christopher (Appellant) Officeworks Ltd (Respondent) Representation: Counsel: G Watson SC, I Griscti (Appellant) K Andrews, R Brown (Respondent)