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ARTICLE · 06 NOVEMBER 2019

Whitton v Dexus Funds Management Limited [2019]

Cooper Grace Ward
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Plaintiff failed to establish liability against an operator of shopping centre after she was struck by a mobility scooter.

AustraliaLitigation, Mediation & Arbitration
Tony Park
Tony Park
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In the recent case of Whitton v Dexus Funds Management Limited [2019] NSWDC 579, Ms Whitton failed to establish liability against an operator of a shopping centre in New South Wales after she was struck from behind by a mobility scooter while shopping.

Facts

On 17 July 2016, Ms Whitton was coming out of an amenities corridor at the shopping complex when she was struck by an unregistered mobility scooter that was travelling along the main thoroughfare. Ms Whitton alleged that a shopfront hoarding restricted her view when entering the main thoroughfare from the amenities corridor.

Ms Whitton's argument and supportive expert evidence

Ms Whitton argued that the operator of the shopping centre:

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