Sheather v Carricks Plumbing & Gasfitting Pty Ltd [2022] NSWSC 1198

Supreme Court New South Wales

Medium Neutral Citation: Sheather v Carricks Plumbing & Gasfitting Pty Ltd [2022] NSWSC 1198 Hearing dates: 6 September 2022 Date of orders: 6 September 2022 Decision date: 06 September 2022 Jurisdiction: Common Law Before: Beech-Jones CJ at CL Decision: (1) On or before 5pm on 20 September 2022 the plaintiff file and serve an Amended Statement of Claim pleading a duty of care, a risk of harm and the precautions that should have been taken against the risk in the terms stated in the email from the plaintiff's solicitor to the Court and the defendant sent at 6.34pm on 5 September 2022. (2) On or before 5pm on 11 October 2022 the defendant file and serve: (i) An Amended Defence; (ii) An affidavit explaining why those facts, if any, that are pleaded in the Amended Statement of Claim and which correspond to a fact set out in the agreed statement of facts dated 24 February 2022 filed in District Court Proceedings No. 2020/349420 are either denied or not admitted in the Amended Defence; and (iii) An affidavit explaining why, notwithstanding the terms of the plea of guilty in District Court Proceedings No. 2020/349420 and the agreed statement of facts filed in those proceedings, it denies liability. (3) List the proceedings before the Registrar for directions on 18 October 2022 at 9am. (4) The plaintiff's Notice of Motion filed 29 July 2022, and the defendant's Notice of Motion filed 18 August 2022, be otherwise dismissed. (5) Each party's costs of the motions be costs in the cause. Catchwords: PLEADINGS – no question of principle Legislation Cited: Civil Procedure Act 2005 (NSW) Work Health and Safety Act 2011 (NSW) Workers Compensation Act 1987 (NSW) Cases Cited: SafeWork NSW v Carricks Plumbing and Gasfitting Pty Ltd [2022] NSWDC 175 Civil Liability Act 2002 (NSW) Category: Procedural rulings Parties: Thomas George Sheather (Plaintiff) Carricks Pluming & Gasfitting Pty Ltd (Defendant) Representation: Counsel: Mr M Best (Plaintiff) Mr SE McCarthy (Defendant)