Websdale v Collins [2009] NSWDC 30

Websdale v Collins [2009] NSWDC 30

There was no breach of duty of care or statutory duty by the defendant, as the position of the coffee table did not represent a risk against which a reasonable person would consider it necessary to take precautions, the risk not being foreseeable or significant under the circumstances. The statutory duty also required an identifiable hazard, which was not present on the facts found.

Parties
Plaintiff: Amanda Websdale; Defendant: Jennifer Maree Collins
Jurisdiction
Australia
Judgment Date
05 March 2009
Procedural Posture
Civil / Judgment
Outcome
Verdict for the defendant
Legal Topics
Negligence, Breach of Statutory Duty, Non Economic Loss, Damages
Tort Law Occupational Health & Safety Negligence Breach of Statutory Duty Non Economic Loss Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Amanda Websdale

Plaintiff

Jennifer Maree Collins

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant was negligent in selecting the position of a glass topped coffee table on the premises
  2. 2 Whether the defendant was in breach of statutory obligations under the Occupational Health & Safety Act 2000
  3. 3 Whether the plaintiff's injuries entitled her to damages for non-economic loss exceeding the threshold under the Civil Liability Act 2002

Ratio Decidendi

There was no breach of duty of care or statutory duty by the defendant, as the position of the coffee table did not represent a risk against which a reasonable person would consider it necessary to take precautions, the risk not being foreseeable or significant under the circumstances. The statutory duty also required an identifiable hazard, which was not present on the facts found.

Court Disposition

Verdict for the defendant

Orders

  • The plaintiff is to pay the defendant's costs of the proceedings on an ordinary basis to and including 17/10/2008 and on an indemnity basis thereafter
  • The exhibits are returned