Gray v Coles Supermarkets Pty Limited [2019] NSWDC 749

District Court New South Wales

Medium Neutral Citation: Gray v Coles Supermarkets Pty Limited [2019] NSWDC 749 Hearing dates: 4, 5, 6, 7 and 8 November 2019 Date of orders: 13 December 2019 Decision date: 13 December 2019 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Judgment for the defendant against the plaintiff. (2) Order the plaintiff to pay the defendant's costs of defending the plaintiff's claim. (3) Judgment for the cross defendant on the Cross-Claim. (4) Order the cross-claimant to pay the cross-defendant's costs of the Cross-Claim. (5) Grant leave to approach my Associate if any party seeks a different costs order. Catchwords: NEGLIGENCE – whether a reasonable person would have taken precautions against a risk of harm – burden of taking precautions to avoid the risk of harm – Civil Liability Act 2002 (NSW) ss 5B, 5C

CROSS-CLAIM – labour hire agreement – contribution as a tortfeasor – contractual indemnity – breach of contract

OTHER – lower back injury during manual handling – training and instruction – supervision – pallet turning Legislation Cited: Civil Liability Act 2002 (NSW) Law Reform Miscellaneous Provisions Act 1946 (NSW) Motor Accidents Compensation Act 1999 (NSW) Work Health and Safety Regulation 2011 (NSW) Workers Compensation Act 1987 (NSW) Cases Cited: Bunnings Group Limited v Giudice [2018] NSWCA 144 Coles Supermarkets Australia Pty Ltd v Ready Workforce (A Division of Chandler Macleod) Pty Ltd [2018] NSWCA 140 Williams v Twynam Agricultural Group Pty Ltd & Anor [2011] NSWSC 1098 Category: Principal judgment Parties: Roland Gray (Plaintiff) Coles Supermarkets Pty Ltd (Defendant) Representation: Counsel: B D Dooley SC with M H Best (Plaintiff) G J Parker SC (Defendant/Cross-Claimant) J Catsanos SC (Cross-Defendant)