Lucas v Tubrule Pty Ltd [No 1] [2010] NSWDC 27

New South Wales District Court

CITATION: Lucas v Tubrule Pty Ltd [No 1] [2010] NSWDC 27

HEARING DATE(S): 27 April 2009-1 May 2009

JUDGMENT DATE: 5 March 2010

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

The proceedings are adjourned to a date to be fixed to deal with: 1) Adjustments to be made to bring up to date the figures allowed for past and future income and superannuation losses. 2) Adjustments to be made to the Fox v Wood component. DECISION: 3) The calculation of past out of pocket expenses in the light of the findings on causation. 4) Apportionment of the judgment sum between the defendants, having regard to the percentages of responsibility allocated in these reasons and the application of s 151Z of the Workers Compensation Act 1987. 5) Arguments in respect of costs and interest. 6) The making of final orders.

CATCHWORDS: FALL FROM SCAFFOLDING - Cause of failure of scaffold - Failure of site safety procedures - Standards to be applied - Whether duty of care owed or breached by site manager - Responsibility of subcontractor erecting scaffold designed by another - Non-delegable liability of plaintiff's employers - Apportionment - Whether plaintiff's condition like result of accident - Assessment

Civil Liability Act 2002 LEGISLATION CITED: Occupational Health & Safety Regulation 2001 Workers Compensation Act 1987

Fox v Wood (1981) 148 CLR 438 CASES CITED: Leighton Contractors Pty Ltd v Fox; Calliden Insurance Limited v Fox [2009] HCA 35 Mambare Pty Ltd trading as Valley Homes v Rebecca Irene Bell in her capacity as Administratrix of the Estate of the Late Simon James Bell & Anor [2006] NSWCA 332 Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16