NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Barati v One World Metal Recycling Pty Ltd t/as One World Metal Recycling Pty Ltd [2024] NSWDC 25 Hearing dates: 13, 14 February 2024 Date of orders: 19 February 2024 Decision date: 19 February 2024 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph [96] Catchwords: NEGLIGENCE – work injury common law damages claim – worker employed to dismantle motor vehicle for parts – worker injured when struck by torsion bar of a motor vehicle DAMAGES – dispute about current and future earning capacity – whether defendant has evidential burden to adduce evidence of work opportunities and income likely to be produced – whether greater discount for vicissitudes should be made beyond the conventional allowance Legislation Cited: Civil Liability Act 2002 (NSW) Work Health Regulation 2017 (NSW) Work Health Safety Act 2011 (NSW) Workers Compensation Act 1987 (NSW), ss 151A, 151D Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Fox v Wood (1981) 148 CLR 438 Gower v State of New South Wales [2018] NSWCA 132 Jones v Dunkel (1959) 101 CLR 298 Kallouf v Middis [2008] NSWCA 61 Mead v Kerney [2012] NSWCA 215 Wyong Shire Council v Shirt (1980) 146 CLR 40 Texts Cited: Nil Category: Principal judgment Parties: Mr Nazer Barati (Plaintiff) One World Metal Recycling Pty Ltd trading as One World Metal Recycling Pty Ltd (Defendant) Representation: Counsel: D Del Monte (Plaintiff) D Stiles (Defendant)
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