MOUNDALEK v WOOLWORTHS LTD [1997] NSWCA 213

MOUNDALEK v WOOLWORTHS LTD [1997] NSWCA 213

There was insufficient evidence for a reasonable jury to find contributory negligence on the part of the appellant; therefore, the issue should not have been left to the jury. The judgment for contributory negligence against the appellant was set aside, and full damages awarded.

Parties
Appellant: Mrs Moundelak; Respondent: Woolworths Ltd
Jurisdiction
Australia
Judgment Date
22 October 1997
Procedural Posture
Appeal / Decision on Appeal
Outcome
Appeal allowed
Legal Topics
Negligence, Contributory Negligence, Apportionment of Liability
Tort Law Negligence Contributory Negligence Apportionment of Liability

Case Brief

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Parties

Mrs Moundelak

Appellant

Woolworths Ltd

Respondent

Procedural Posture

Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether there was evidence sufficient to leave the issue of contributory negligence to the jury
  2. 2 Whether the jury's apportionment of 80% contributory negligence against the appellant was unreasonable

Ratio Decidendi

There was insufficient evidence for a reasonable jury to find contributory negligence on the part of the appellant; therefore, the issue should not have been left to the jury. The judgment for contributory negligence against the appellant was set aside, and full damages awarded.

Court Disposition

Appeal allowed

Orders

  • Jury's verdict for Woolworths on the contributory negligence issues set aside.
  • Judgment for appellant in the sum of $70,000 to take effect from 3 October 1996.