Case Studies
Triumph for Woolworths in breakthrough case
Woolworths Ltd v McQuillan [2017] NSWCA 202
This is seen as a breakthrough case on the question of the test for reasonable inspection. It related to injuries suffered when the plaintiff slipped on a grape in a Woolworths’ supermarket in Sydney.
During the appeal hearing, one of the Appeal Court Judges commented that it could not possibly be reasonable to expect staff to be walking around the floor with their necks bent like crane birds, given the other responsibilities they have as part of their job.
Although Woolworths was not successful at first instance before Maiden DCJ, we held the line on our strategy that the system to be assessed ought not be required to be a system of perfection – it ought to be a reasonable inspection.
Our work with the witnesses was crucial to ensure a clear and calm testimony was delivered and our strategy to agree quantum prior to the original hearing meant that both Courts were simply required to deal with the question of liability. Ultimately, this worked in Woolworths’ favour.
Woolworths paid nothing to Mrs McQuillan and received an order for costs.
