Rindfleish v Agrigrain Pty Ltd [2023] NSWDC 543

District Court New South Wales

Medium Neutral Citation: Rindfleish v Agrigrain Pty Ltd [2023] NSWDC 543 Hearing dates: 25, 26, 27, 31 October 2023 1, 2, 3 November 2023 Date of orders: 6 December 2023 Decision date: 06 December 2023 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Dismiss the defendant's Notice of Motion filed on 29 September 2023. (2) Order the defendant to pay the plaintiff's costs in relation to that Notice of Motion. (3) Judgment for the plaintiff against the defendant for $521,134. (4) Order the defendant to pay the plaintiff's costs. (5) The exhibits are returned. Catchwords: LIMITATION OF ACTIONS — discoverability — personal injury — when plaintiff knew or ought to have known the fact that the injury was caused by the fault of the defendant NEGLIGENCE — general principles DAMAGES — non-economic loss — economic loss — loss of superannuation — out-of-pocket expenses — domestic assistance OTHER — plaintiff injured while replacing a bearing in a grain auger — employed by defendant's subsidiary ­company — defendant responsible for safety on site, including maintenance tasks Legislation Cited: Civil Liability Act 2002 (NSW), ss 5B, 5D, 5F, 5G, 5H, 13, 15, 15C, 16 Limitation Act 1969 (NSW), ss 18A, 50C, 50D Workers Compensation Act 1987 (NSW), ss 66, 150 Work Health and Safety Act 2011 (NSW) Cases Cited: Kondis v State Transport Authority [1984] HCA 61; (1984) 154 CLR 672 Mamo v Surace [2014] NSWCA 58 Murgolo v AAI Ltd [2019] NSWCA 295 Pomare v Whyte [2019] NSWCA 317 Synergy Scaffolding Services Pty Ltd v Alelaimat [2023] NSWCA 213 Williams v Twynam Agricultural Group Pty Ltd [2011] NSWSC 1098 Texts Cited: Dominic Villa, Annotated Civil Liability Act 2002 (NSW) (2nd ed Thomson Reuters) Category: Principal judgment Parties: Ian Rindfleish (Plaintiff) Agrigrain Pty Ltd (Defendant) Representation: Counsel: K Balendra (Plaintiff) M A Friedgut with M Meares (Defendant)