Badra v Value Constructions Pty Ltd & Ors (No 2) [2023] NSWSC 1655

Supreme Court New South Wales

Medium Neutral Citation: Badra v Value Constructions Pty Ltd & Ors (No 2) [2023] NSWSC 1655 Hearing dates: 12 December 2023 Date of orders: 12 December 2023 Decision date: 12 December 2023 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) Judgment for the plaintiff against the first defendant in the sum of $806,562.50. (2) Judgment for the plaintiff against the second and third defendants in the amount of $440,864.29. (3) Judgment for the first defendant on its cross-claim against the second and third defendants in the amount of $220,432.14. (4) The cross-claim brought by the second and third defendants against the first defendant is dismissed with no order as to costs. (5) The first defendant to pay the plaintiff's costs. (6) The second and third defendants to pay the plaintiff's costs in accordance with sch 7 of the Workers Compensation Regulation 2016 (NSW). Catchwords: NEGLIGENCE — Damages - calculation of judgments against employer and non-employer tortfeasors – amount of damages recoverable by non-employer from employer tortfeasors – effect of Workers Compensation Act 1987 (NSW) COSTS — Whether award of indemnity costs appropriate Legislation Cited: Workers Compensation Act 1987 (NSW), ss 151A, 151Z, Divs 2, 3 Civil Liability Act 2002 (NSW) Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 5(1)(c) Workers Compensation Regulation 2016 (NSW) sch 7 Cases Cited: Grljak v Trivan Pty Ltd (in Liq) (1994) 35 NSWLR 82 Synergy Scaffolding Services Proprietary Limited v Alelaimat [2023] NSWCA 213 Calderbank v Calderbank [1975] 3 WLR 586 Category: Costs Parties: Mohamad Badra (Plaintiff) Value Constructions Pty Ltd (First Defendant) MMM Cement Rendering 1 Pty Ltd (Second Defendant) Workers Compensation Nominal Insurer (iCare Workers Insurance) (Third Defendant) Representation: Counsel: Mr R Foord (Plaintiff) Mr J Sleight (First Defendant) Mr A Combe (Second and Third Defendants)