De Vries v JNC Group Australia Pty Limited [2023] NSWSC 777

Supreme Court New South Wales

Medium Neutral Citation: De Vries v JNC Group Australia Pty Limited [2023] NSWSC 777 Hearing dates: 19 June 2023 - 27 June 2023 Date of orders: 05 July 2023 Decision date: 05 July 2023 Jurisdiction: Common Law Before: Elkaim AJ Decision: Final orders to be brought in after further submissions Catchwords: NEGLIGENCE – personal injury – workplace accident –claim against labour hire company and host employer – where plaintiff was operating heavy high-pressure hosing equipment to clean out pits –where origin of injury is contested – where plaintiff received minimal training and induction – whether defendants knew or ought to have known of tripping hazard and unsafe system of work – whether precautions should have been taken in relation to reasonably foreseeable risks – apportionment of liability – parties to draft final orders in respect of out-of-pocket expenses and cross-claims Legislation Cited: Civil Liability Act 2002 (NSW) ss 5B; 5D; 5E; 15 Workers Compensation Act 1987 (NSW) ss 151D; 151DA; 151Z(2) Cases Cited: Commonwealth Financial Planning Limited v Couper [2013] NSWCA 444 Coles Supermarkets Australia Pty Limited v Haleluka [2012] NSWCA 343 Drew v State of New South Wales [2015] NSWCA 159 Hodge v CSR Limited [2010] NSWSC 27 Howley v Principal Finance Pty Ltd [2014] NSWCA 447 Jurox Pty Ltd v Fullick [2016] NSWCA 180 McLean v Tedman (1984) 155 CLR 306; [1984] HCA 60 Mason v Demasi [2009] NSWCA 227 Southwest Helicopters Pty Ltd v Stephenson [2017] NSWCA 312; (2017) 98 NSWLR 1. Transpacific Industrial Solutions Pty Ltd v Phelps [2013] NSWCA 31 Category: Principal judgment Parties: Guy Stephen de Vries (Plaintiff) JNC Group Australia Pty Limited (First Defendant) Jobs Australia Enterprises Limited (Second Defendant) Representation: Counsel: P Morris SC / L Morgan (Plaintiff) N Polin SC / D Talintyre (First Defenedant) D Kelly (Second Defendant)