Hodges v Coles Group Ltd [2009] NSWDC 189

Coles breached its duty of care to Mr Hodges, directly causing his injury, and no material contributory negligence was established; therefore Coles is liable for the full amount of damages.

Jurisdiction: Australia
Judgment Date: 04 June 2009
Procedural Posture: Tort / Final Judgment
Outcome: Verdict for the plaintiff; judgment entered accordingly.
Legal Topics: ['work Injury' 'non Employer Liability' 'contribution Between Tortfeasors' 'contributory Negligence']

['torts' 'personal Injury' 'negligence'] ['work Injury' 'non Employer Liability' 'contribution Between Tortfeasors' 'contributory Negligence']

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Tort / Final Judgment

Legal Issues

1 ['Whether Coles owed and breached a duty of care to Mr Hodges' 'Whether the employer Tellcum Pty Ltd was liable and to what extent' 'Whether contributory negligence should be attributed to Mr Hodges']

Ratio Decidendi

Coles breached its duty of care to Mr Hodges, directly causing his injury, and no material contributory negligence was established; therefore Coles is liable for the full amount of damages.

Court Disposition

Verdict for the plaintiff; judgment entered accordingly.

Orders

['Judgment for the plaintiff in the sum of $416,715.84' "Defendant to pay plaintiff's costs" 'Liberty for parties to put the matter back in the list if mathematical calculations are incorrect']