Sdrolias v Power Distribution Services Pty Limited [2021] NSWSC 321

Supreme Court New South Wales

Medium Neutral Citation: Sdrolias v Power Distribution Services Pty Limited [2021] NSWSC 321 Hearing dates: 24-28 August 2020 Date of orders: 1 April 2021 Decision date: 01 April 2021 Jurisdiction: Common Law Before: Fagan J Decision: (1) Verdict and judgment for the defendants. (2) Both cross-claims are dismissed. (3) The plaintiff is to pay the defendants' costs. (4) The costs of each defendant of the cross-claim brought by it and of defending the cross-claim brought against it by the other defendant are to be assessed against the plaintiff as costs of defending the plaintiff's claim. (5) Any application to vary the costs orders or for costs to be assessed other than on a party/party basis is to be filed within 14 days of the publication of the reasons for judgment. Catchwords: NEGLIGENCE – Duty of care – Foreseeability – psychiatric injury – plaintiff witnessed physical injury to employees of a sub-contractor on site NEGLIGENCE – Vicarious liability of sub-contractor for employees' tort of negligence Legislation Cited: Civil Liability Act 2002 (NSW) Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) Cases Cited: Credit Lyonnais Nederland NV v Export Credits Guarantee Department [2000] 1 AC 486 Darling Island Stevedoring & Lighterage Co Ltd v Long [1957] HCA 26; (1957) 97 CLR 36 Day v The Ocean Beach Hotel Shellharbour Pty Ltd (2013) 85 NSWLR 335; [2013] NSWCA 250 Hollis v Vabu Pty Ltd (2001) 207 CLR 21; [2001] HCA 44 Kondis v State Transport Authority [1984] HCA 61; (1984) 154 CLR 672 Majrowski v Guy's and St Thomas's NHS Trust [2007] 1 AC 224 Mount Isa Mines Ltd v Pusey [1970] HCA 60; (1970) 125 CLR 383 New South Wales v Lepore (2003) 212 CLR 511; [2003] HCA 4 Optus Administration Pty Limited v Glenn Wright [2017] NSWCA 21 Stevens v Brodribb Sawmilling Company Pty Ltd (1986) 160 CLR 16; [1986] HCA 1 Twine v Bean's Express Ltd [1946] 1 All ER 202 Texts Cited: Fleming, Law of Torts, 10th ed (2011) Category: Principal judgment Parties: Evangellia Sdrolias (plaintiff) Power Distribution Services Pty Ltd (first defendant) Allianz Australia Insurance Limited (second defendant) Representation: Counsel: R McIlwaine SC with R Goodrich (plaintiff) B Kelleher (first defendant) P Morris SC with R Perla (second defendant)