Anit Narayan v Legrand Australia Pty Ltd [2020] NSWDC 561

District Court New South Wales

Medium Neutral Citation: Anit Narayan v Legrand Australia Pty Ltd [2020] NSWDC 561 Hearing dates: 17 March 2020, 2 April 2020, 20 April 2020, 7, 8, 9 September 2020 Date of orders: 25 September 2020 Decision date: 25 September 2020 Jurisdiction: Civil Before: Strathdee, DCJ Decision: (1) Verdict and judgment for the plaintiff against the defendant in the amount of $653,176.11. (2) By consent, no order as to costs. Catchwords: TORTS – negligence – industrial accident – liability in dispute – safe system of work – contributory negligence ASSESSMENT OF DAMAGES – residual earning capacity – position on the open labour market – effect of future surgical treatment unknown Legislation Cited: Workplace Injury and Management Act 1998 (NSW) Workers Compensation Act 1987 (NSW) Category: Principal judgment Parties: Anit Narayan (Plaintiff) Legrand Australia Pty Ltd (Defendant) Representation: Counsel: Mr R Sheldon SC and Ms E Welsh appeared for the Plaintiff Mr J Dodd appeared for the Defendant Solicitors: Mr B Hagipantelis, Brydens Lawyers (Plaintiff) Ms M Kikinis, HWL Ebsworth Lawyers (Defendant) File Number(s): 2019/223098

Judgment

INTRODUCTION 1. By way of Statement of Claim filed 18 July 2019, the plaintiff seeks damages, interests and costs from Legrand Australia Pty Ltd ('the defendant') for losses he has sustained as a consequence of an injury he alleges that he sustained at work with the defendant in 21 March 2016. 2. It is conceded by Senior Counsel for the plaintiff that those damages can only be for economic loss and loss of superannuation, and if successful then interest and costs due to the provisions of the Workplace Injury and Management Act 1998 (NSW).