John William Sinclair v Coles Supermarkets Australia Pty Ltd
[2024] QSC 175 · Martin SJA
John Sinclair slipped and fell on water from an ice trolley while shopping at a Coles supermarket at Hope Island in February 2024, fracturing the head and neck of his right fibula. Before starting a court claim, he asked Coles for various documents and information under the pre-court disclosure rules that apply to personal injury claims. He was unhappy with Coles' response and asked the court to order more information be provided. He wanted CCTV footage he believed existed (or a sworn explanation of why it did not) and records of any previous similar incidents at the store. The court refused the CCTV part, finding Coles cannot disclose footage that does not exist and was not required to explain or verify information it had never given. However, the court ordered Coles to provide information about previous similar incidents at the store, as that is relevant to whether Coles knew of the risk. Coles was ordered to pay 20% of Mr Sinclair's costs, reflecting his limited success.
Incident & injury
Slipped and fell on water from an ice trolley in the fruit and vegetable section of a supermarket
- Body regions
- Knee / lower leg, Right hip, Right knee, Right lower limb (Right)
- Diagnoses
- Bruise/contusion right hip, Two comminuted fractures of right fibula neck and head
- Incident date
- 12 February 2024
- Location
- Coles Hope Island store
Quick facts
- Date of judgment
- 21 August 2024
- Claim type
- PIPA Public Liability
- Proceeding
- Interlocutory
- Plaintiff outcome
- Partial
- Plaintiff age at injury
- Occupation
- Not stated
Outcome
An interlocutory application under s 35 of the Personal Injuries Proceedings Act for orders compelling disclosure. The applicant failed on the CCTV footage issue but partially succeeded on his claim for information about prior similar incidents. Coles was ordered to provide that information and to pay 20% of the applicant's costs on the standard basis.
Defendant
1 Coles Supermarkets Australia Pty Ltd
Occupier
- Judgment against this defendant
- $0
Key issues
John William Sinclair v Coles Supermarkets Australia Pty Ltd [2024] QSC 175
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