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The roughly A$750,000 figure in headlines refers to Rita Marmara’s reported claim—not the provisional damages schedule in the District Court judgment. In Marmara v Kmart Australia Limited [2024] NSWDC 89, the court found for Marmara and set out a provisional schedule totalling A$613,461.55, subject to confirmation of out-of-pocket expenses. Kmart appealed, but the available case record does not establish the final appeal outcome or amount ultimately payable.
What happened at Kmart Woy Woy
On 29 September 2018, Marmara was in the self-checkout area of Kmart’s Woy Woy store when another shopper was manoeuvring two mountain bikes on a trolley. One bike fell from behind and struck her back. The judgment says the incident was visible on CCTV. Read the District Court judgment.
Why the court found Kmart responsible
This was not a claim that the bicycle itself was defective. The issue was Kmart’s responsibility as the store occupier to take reasonable care in managing risks created when customers moved large or bulky goods through the store.
Gibson DCJ considered Kmart’s system for customers purchasing, moving and removing bulky items, including arrangements for safe collection, signage and staff training. The District Court found for Marmara. The Court of Appeal case record lists Kmart’s appeal issues as including the findings about a system for bulky items, breach of duty, causation and evidence. District Court judgment; Court of Appeal case record.
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What the reported $750,000 figure means
PerthNow reported that Marmara claimed A$743,971 in damages. That is the source of the approximate A$750,000 headline figure; it is the amount claimed, not the provisional damages total set out by the District Court. PerthNow also reported that Kmart estimated damages at A$5,000, which Judge Gibson described as unrealistic. PerthNow’s report.
How the court’s provisional damages schedule was calculated
The District Court judgment’s provisional schedule totalled A$613,461.55, with A$3,470.55 in out-of-pocket expenses pending confirmation. Its components were:
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| Category | Amount |
|---|---|
| Non-economic loss | A$216,600 |
| Out-of-pocket expenses, pending confirmation | A$3,470.55 |
| Future treatment | A$10,000 |
| Past economic loss and superannuation | A$215,323 |
| Future economic-loss buffer | A$100,000 |
| Past domestic assistance | A$68,068 |
| Provisional schedule total | A$613,461.55 |
The Court of Appeal case summary describes the amount of the primary judgment as A$624,775.60, a different figure from the provisional schedule in the District Court judgment. The two figures are reported differently in the available court materials; the case record alone does not establish the final payable amount. District Court judgment; Court of Appeal case record.
What is known about Kmart’s appeal
The Court of Appeal record confirms that Kmart appealed. The available record does not substantiate a final appellate disposition, so it would be inaccurate to say here that the appeal was dismissed or that an appeal court confirmed a particular final amount.
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How to interpret the figures
These are case-specific amounts, not a guide to typical compensation for a retail-store injury. A claim, a provisional damages schedule and an amount recorded in an appeal summary are different procedural figures; none should be presented as the final payout without verified final orders.
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