Heesom v ASP Ship Management Pty Ltd [2020] NSWDC 653

District Court New South Wales

Medium Neutral Citation: Heesom v ASP Ship Management Pty Ltd [2020] NSWDC 653 Hearing dates: 21, 22, 23 October 2020 Date of orders: 2 November 2020 Decision date: 02 November 2020 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Judgment for the plaintiff against the defendant for $2,152,091. (2) Order the defendant to pay the plaintiff's costs. (3) Grant leave to the parties to approach my Associate within 7 days to re-list the matter if any different costs order is sought. Catchwords: NEGLIGENCE — worker fell down a stairway on a ship — stairway obstructed by stored hoses — whether the risk of a crew member tripping on the hoses was foreseeable — whether a reasonable person would have barricaded the port midships stairway when hoses were blocking the stairway — whether a reasonable person would have directed crew not to use stairway when hoses blocked entrance — whether or not a reasonable person would have found an alternative hose storage location CONTRIBUTORY NEGLIGENCE — comparison of degree of departure from the standard of care of the reasonable man and of the relative importance of the acts of the parties in causing the damage — alternative walkway and stairway available — need for care in negotiating an obvious hazard QUANTUM OF DAMAGES — future economic loss – whether there was a prospect of worker getting back to work Legislation Cited: Civil Liability Act 2002 (NSW), s 3B(1)(f) District Court Act 1973 (NSW), s 44(1)(d1) Workers Compensation Act 1987 (NSW), ss 151, 151E, 151F, 151G, 151H, 151I, 151 IA, 151G, 151L Cases Cited: Liftronic Pty Ltd v Unver [2001] HCA 24; 75 ALJR 867 March v E & MH Stramare Pty Ltd [1991] HCA 12; 171 CLR 506 Podrebersek v Australian Iron & Steel Pty Ltd [1985] HCA 34; 59 ALJR 492 Wilkinson v Perisher Blue Pty Ltd [2012] NSWCA 250 Wyong Shire Council v Shirt [1980] HCA 12; 146 CLR 40 Category: Principal judgment Parties: Terry Owen Heesom (Plaintiff) ASP Ship Management Pty Ltd (Defendant) Representation: Counsel: B McManamey (Plaintiff) D Kelly (Defendant)