THE COUNCIL OF THE CITY OF SYDNEY v NIANIOS MATHEW HALL PTY LIMITED v NIANIOS [1988] NSWCA 29

THE COUNCIL OF THE CITY OF SYDNEY v NIANIOS MATHEW HALL PTY LIMITED v NIANIOS

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, PRIESTLEY and MCHUGH JJA 11 March 1988, 12 May 1988

[1988] NSWCA 29

Appeal from Common Law Division — Trial by jury — Industrial accident — Handle comes off door and plaintiff falls on back — Damages of $240,392.59 — Appeal by Council on ground that: (i) documents not admitted into evidence; and (ii) no evidence of negligence to go to jury — Held: documents correctly rejected — Open to jury to find Council negligent in that it controlled the door and did not properly inspect and maintain the door handles — No objection to summing-up or to directions given to the jury — Counsel should take objection to directions even though submitted that there was no case to go to jury — Appeal dismissed with costs.

ORDERS Appeals dismissed with costs.

Mahoney JA The plaintiff was employed by Mathew Hall Pty Limited ("Hall") to work as a plumber on work on the Town Hall House site in Sydney. On 6 October 1978, he was opening a fire door in the building on the site. The door handle and its attachment came away, he fell to the ground, and thereby suffered injuries of a significant nature. On 20 April 1983 he commenced proceedings against, inter alia, Hall and the Council of the City of Sydney ("The Council") On 13 March 1987, after a trial before Clarke J and a jury, the plaintiff's damages were assessed at $240,392.59 and liability was apportioned between Hall and the Council in the proportions 30 per cent and 70 per cent. In due course judgment was entered accordingly.

Both Hall and the Council have appealed to this Court against the judgments entered against them.

The plaintiff, in his statement of claim, sued Hall in negligence and upon the ground that within reg73(2) of the Factories Shops and Industries Act 1962, it had failed to provide and maintain a safe means of access for the the plaintiff Each of these claims was left to the jury.