Shankar v The Uniting Church in Australia; Shankar v Domino's Pizza Enterprises Limited [2012] NSWSC 1552

Shankar v The Uniting Church in Australia; Shankar v Domino's Pizza Enterprises Limited [2012] NSWSC 1552

The plaintiff succeeded in his claim under s 74 of the Trade Practices Act 1974 (C'th) against Vision Valley: the services rendered (belaying of the Leap of Faith exercise) were not performed with due care and skill, causing a significant spinal injury. The harness was not unfit but the faulty belaying established breach. Liability in negligence was also found for identical reasons. Contributory negligence (for undertaking exercise with sore hand) and allegations against Domino's failed. Damages awarded included general damages, domestic assistance, future out-of-pocket expenses, and economic loss.

Jurisdiction
Australia
Judgment Date
13 December 2012
Procedural Posture
Proceedings for Damages, Personal Injury / Final Judgment
Outcome
Judgment for the plaintiff against the first defendant; claim against second defendant dismissed; cross-claims fail.
Legal Topics
['personal Injury' 'negligence' 'trade Practices Act Implied Warranty' 'civil Liability Act' "employer's Liability" 'damages']
['torts' 'consumer Law'] ['personal Injury' 'negligence' 'trade Practices Act Implied Warranty' 'civil Liability Act' "employer's Liability" 'damages']

Case Brief

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Procedural Posture

Proceedings for Damages, Personal Injury / Final Judgment

Legal Issues

  1. 1 ["Whether the first defendant breached the warranty implied by s 74(1) of the Trade Practices Act 1974 (C'th)" 'Whether the first defendant was negligent under the Civil Liability Act 2002' 'Whether contributory negligence applied to the plaintiff' 'Whether the second defendant was liable in negligence' 'Assessment of quantum of damages']

Ratio Decidendi

The plaintiff succeeded in his claim under s 74 of the Trade Practices Act 1974 (C'th) against Vision Valley: the services rendered (belaying of the Leap of Faith exercise) were not performed with due care and skill, causing a significant spinal injury. The harness was not unfit but the faulty belaying established breach. Liability in negligence was also found for identical reasons. Contributory negligence (for undertaking exercise with sore hand) and allegations against Domino's failed. Damages awarded included general damages, domestic assistance, future out-of-pocket expenses, and economic loss.

Court Disposition

Judgment for the plaintiff against the first defendant; claim against second defendant dismissed; cross-claims fail.

Orders

  • ['Plaintiff awarded $325,000 for general damages under Trade Practices Act claim' '$37,506 agreed for past out-of-pocket expenses' 'Future out-of-pocket expenses awarded at $60 per week for life expectancy plus $10,000 for psychiatric treatment; $35,000 for surgery; no allowance for sacral nerve stimulation' 'Past...