Mackey v Hunter Valley Gardens Pty Ltd [2019] NSWDC 150

Mackey v Hunter Valley Gardens Pty Ltd [2019] NSWDC 150

The defendant failed to prove contributory negligence because it did not establish that the plaintiff knew or ought to have appreciated that the lightly drizzled tiles were slippery, failed to look where he was going, moved otherwise than normally towards the bathroom, or caused his injury by any want of reasonable care. The fall caused an undisputed left ankle fracture with continuing symptoms and was a necessary condition of consequential anxiety and depression, but the plaintiff did not prove that the later right knee condition or any shoulder injury was caused by the fall. Damages were therefore assessed for the left ankle injury, consequential mental harm, impaired earning capacity,...

Jurisdiction
Australia
Judgment Date
01 May 2019
Procedural Posture
Civil Negligence Claim for Personal Injury Damages / Principal Judgment After Trial on Contributory Negligence, Causation and Assessment of Damages
Outcome
Contributory negligence defence failed; damages assessed for the plaintiff at $360,944 plus interest under s 18 of the Civil Liability Act 2002 (NSW) and costs, with final judgment sum to be provided by short minutes.
Legal Topics
['contributory Negligence' 'slip and Fall on Wet Tile Paving' 'causation of Physical Injury and Consequential Mental Harm' 'non Economic Loss' 'past and Future Loss of Earning Capacity' 'past and Future Out of Pocket Expenses' 'future Domestic Assistance']
['negligence' 'personal Injury' 'damages'] ['contributory Negligence' 'slip and Fall on Wet Tile Paving' 'causation of Physical Injury and Consequential Mental Harm' 'non Economic Loss' 'past and Future Loss of Earning Capacity' 'past and Future Out of Pocket Expenses' 'future Domestic Assistance']

Case Brief

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Procedural Posture

Civil Negligence Claim for Personal Injury Damages / Principal Judgment After Trial on Contributory Negligence, Causation and Assessment of Damages

Legal Issues

  1. 1 ["Whether the plaintiff's damages should be reduced for contributory negligence because he failed to take reasonable care when walking on wet tiles." 'What injuries and disabilities were caused by the fall, including whether the right knee injury, left shoulder injury and anxiety and depression were causally connected to the accident.' 'What amount of damages should be awarded for non-economic loss, past and future loss of earning capacity, past and future out-of-pocket expenses, and future domestic assistance.']

Ratio Decidendi

The defendant failed to prove contributory negligence because it did not establish that the plaintiff knew or ought to have appreciated that the lightly drizzled tiles were slippery, failed to look where he was going, moved otherwise than normally towards the bathroom, or caused his injury by any want of reasonable care. The fall caused an undisputed left ankle fracture with continuing symptoms and was a necessary condition of consequential anxiety and depression, but the plaintiff did not prove that the later right knee condition or any shoulder injury was caused by the fall. Damages were therefore assessed for the left ankle injury, consequential mental harm, impaired earning capacity,...

Court Disposition

Contributory negligence defence failed; damages assessed for the plaintiff at $360,944 plus interest under s 18 of the Civil Liability Act 2002 (NSW) and costs, with final judgment sum to be provided by short minutes.

Orders

  • ['Damages assessed as: non-economic loss $88,900; past loss of earning capacity $50,000; future loss of earning capacity $180,000; past out-of-pocket expenses $575.49; future out-of-pocket expenses $6,375; future domestic assistance $35,094.' 'The assessed damages yield a sum of $360,944 to which interest calculated...