Ayyoub v BC Services & Maintenance Pty Ltd [2023] NSWDC 419

District Court New South Wales

Medium Neutral Citation: Ayyoub v BC Services & Maintenance Pty Ltd [2023] NSWDC 419 Hearing dates: 3, 4, 5, 6 October 2023 Decision date: 06 October 2023 Jurisdiction: Civil Before: Newlinds SC DCJ Decision: 1. Plaintiff's claim dismissed. 2. The plaintiff to pay the costs of the first and second defendants. 3. I will allow either party to apply to vary the costs orders, so long as notice of such application is received by email in my chambers by 4pm on Monday 9 October 2023. 4. The exhibits can be returned after 28 days. Catchwords: CIVIL – risk of harm – causation – medical causation – damages – insurance policy: construction of "incidental to the conduct of the business" Legislation Cited: Civil Liability Act 2002 (NSW), ss 5, 5B, 5B(1), 5B(2) 5B(2)(a), 16 Civil Liability (Third Party Claims Against Insurers) Act 2017,s 4 Cases Cited: BHP Billiton Iron Ore Pty Ltd v National Competition Council (2008) 236 CLR 145 Uniting Church of Australia Property Trust (New South Wales) v Miller 91 NSWLR 752 Tapp v The Australian Bushmen's Campdraft and Rodeo Association [2022] HCA 11 Category: Principal judgment Parties: Ismael Ayyoub (Plaintiff) BC Services & Maintenance Pty Ltd (First Defendant) Insurance Australia Group Ltd t/as CGU Insurance (ABN 60 090 739 923) (Second Defendant) Representation: Counsel: R Di Michiel (Plaintiff) No appearance for First Defendant C Purdy (Second Defendants) Solicitors: Premier Lawyers (Plaintiff) Holman Webb Lawyers (Second Defendant) File Number(s): 2020/335084 Publication restriction: None