Stobbe v Swadling Developments Pty Ltd [2024] NSWDC 290

District Court New South Wales

Medium Neutral Citation: Stobbe v Swadling Developments Pty Ltd [2024] NSWDC 290 Hearing dates: 8-9 July 2024 Date of orders: 16 July 2024 Decision date: 16 July 2024 Jurisdiction: Civil Before: Newlinds SC DCJ Decision: (1) Enter judgement in favour of the Plaintiff in an amount to be agreed or assessed. (2) Direct the parties to bring in short minutes of order consistent with these reasons. If there is any aspect of the quantification of the Plaintiff's claim that needs further consideration, I will hear the parties. (3) Prima facie the Plaintiff is entitled to an order for costs, but I will hear from any party if they wish a departure from that usual result. Catchwords: NEGLIGENCE – Workplace accident – Carpenter working on building site pursuant to subcontract injured when sheets of gyprock left in rain collapsed on him – Civil Liability Act – Risk of harm – Precautions – Causation – Contributory negligence - Damages Legislation Cited: Civil Liability Act 2002 (NSW) s 5B(1); s 5B(2) Work Health and Safety Act 2011 (NSW) s 19(3); s 20(2) Cases Cited: Geoffrey Barker v A J Zanco Pty Ltd t/as Krack Solutions [2023] NSWDC 43 Gomez v Woolworths Group Limited [2023] NSWDC 221 Liccardy v Daniel Payne t/as Sussex Inlet Pontoons Pty Ltd and Anor [2022] NSWDC 246 Category: Principal judgment Parties: Kurt Stobbe (Plaintiff) Swadling Developments Pty Ltd (Defendant) Representation: Counsel: K Andrews (Plaintiff) M Maconachie (Defendant)