Keys v A & A Lederer Pty Ltd, CB Bensley & J Bensley [2012] NSWDC 208

Keys v A & A Lederer Pty Ltd, CB Bensley & J Bensley [2012] NSWDC 208

The plaintiff's injuries, ongoing disabilities, and need for assistance as supported by credible oral and medical evidence, entitle her to damages under the Civil Liability Act 2002 against the second and third defendants in the quantified sum assessed, as their negligence was established by default judgment.

Parties
Plaintiff: Shirley Keys; First Defendant: A & A Lederer Pty Ltd; Second Defendant: Bryson Bensley; Third Defendant: Joanne Bensley
Jurisdiction
Australia
Judgment Date
13 November 2012
Procedural Posture
Civil Claim for Damages for Personal Injury (negligence) / Post Default Judgment, Final Hearing on Damages
Outcome
Verdict and judgment for the plaintiff against the second and third defendants for $211,264.30, plus costs.
Legal Topics
Negligence, Occupier's Liability, Personal Injury, Assessment of Damages
Torts Damages Negligence Occupier's Liability Personal Injury Assessment of Damages

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Parties

Shirley Keys

Plaintiff

A & A Lederer Pty Ltd

First Defendant

Bryson Bensley

Second Defendant

Joanne Bensley

Third Defendant

Procedural Posture

Civil Claim for Damages for Personal Injury (negligence) / Post Default Judgment, Final Hearing on Damages

Legal Issues

  1. 1 Whether the plaintiff is entitled to damages for personal injury against the second and third defendants arising from their negligence as cleaning contractors.

Ratio Decidendi

The plaintiff's injuries, ongoing disabilities, and need for assistance as supported by credible oral and medical evidence, entitle her to damages under the Civil Liability Act 2002 against the second and third defendants in the quantified sum assessed, as their negligence was established by default judgment.

Court Disposition

Verdict and judgment for the plaintiff against the second and third defendants for $211,264.30, plus costs.

Orders

  • Verdict and judgment for the plaintiff against the second and third defendants in the sum of $211,264.30
  • The second and third defendants are to pay the plaintiff's costs of the proceedings as agreed or assessed