Case Studies

Win for Woolies in NSW Supreme Court

Vincent vs Woolworths [2015] NSWSC 435

Mrs Vincent was a product merchandiser of a brand stocked by Woolworths (ie not employed by Woolworths), performing stock replenishment work at a supermarket in Moruya.  While performing her work, she stepped backwards off a step ladder into the path of a trolley being pushed by a customer.

HBA successfully defended Woolworths in the NSW Supreme Court primarily on the basis that there was no breach of duty.  Woolworths had done everything it reasonably could have been expected to do in the circumstances to avoid any foreseeable risk of injury.

The matter was hard fought, with the plaintiff’s employer also involved and wanting payback of its workers’ compensation payments.

HBA was entirely successful.  Woolworths paid nothing and received an order for costs.

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