Strong v Woolworths Ltd

HIGH COURT OF AUSTRALIAFRENCH CJ,GUMMOW, HEYDON, CRENNAN AND BELL JJKATHRYN STRONG  APPELLANTANDWOOLWORTHS LIMITED T/AS BIG W & ANOR  RESPONDENTSStrong v Woolworths Limited [2012] HCA 57 March 2012S172/2011ORDER1.     Appeal allowed.2.Set aside the orders of the New South Wales Court of Appeal made on 2 November 2010 and in lieu thereof dismiss the first respondent's appeal to that Court with costs.  3.     The first respondent to pay the appellant's costs in this Court.On appeal from the Supreme Court of New South WalesRepresentationB M Toomey QC with T J J Willis and E G Romaniuk for the appellant (instructed by Leitch Hasson Dent Lawyers)J E Maconachie QC with P Biggins for the first respondent (instructed by Bartier Perry Solicitors)Submitting appearance for the second respondentNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSStrong v Woolworths Limited Negligence – Causation – Slip and fall injury – Absence of adequate system for periodic inspection and cleaning – Whether factual causation under s 5D of Civil Liability Act 2002 (NSW) ("Act") excludes notions of "material contribution" – Whether appellant had proved factual causation under s 5D(1)(a) of Act – Whether open on evidence to apply probabilistic reasoning in Shoeys Pty Ltd v Allan (1991) Aust Torts Reports ¶81-104.Words and phrases – "but for", "causation", "material contribution", "necessary condition", "slipping case", "system of periodic inspection and cleaning".Civil Liability Act 2002 (NSW), ss 5D, 5E.FRENCH CJ, GUMMOW, CRENNAN AND BELL JJ.   The appellant suffered serious spinal...