Dean Malcolm Gimbert v Boyd Goodear (Taree) [2007] NSWDC 200

New South Wales District Court

CITATION: Dean Malcolm Gimbert v Boyd Goodear (Taree) [2007] NSWDC 200

HEARING DATE(S): 23/7/07-26/7/07, 3/9/07.

JUDGMENT DATE: 5 October 2007

JURISDICTION: Civil

JUDGMENT OF: Rolfe DCJ

DECISION: 1. Reasons for Judgment delivered and published.; 2. SO for Mention before me at 9.30am on Thursday 8/11/07 with parties to bring in SMO to reflect the Court's determination.; 3. I direct that the exhibits be returned.

CATCHWORDS: Worker injured on building site - Obligation of Builder to keep site safe for access - Negligence of Employer - Causation - Consideration of S 151Z(2) of Workers Compensation Act 1987 - Assessment of Damages

Workers Compensation Act 1987 LEGISLATION CITED: Workplace Injury Management and Workers Compensation Act 1998 Civil Liability Act 2002

CASES CITED: Fox v Wood (1981) 35 ALR 607

Dean Malcolm Gimbert (Plaintiff) PARTIES: Boyd Goodear (Defendant) Great Lakes Glass & Aluminium Pty Limited (Cross-Defendant)

FILE NUMBER(S): 42/2006

R Letherbarrow SC with D Wilson (Plaintiff) COUNSEL: D Nock SC with J Ryan (Defendant) J Guihot (Cross-Defendant)

JUDGMENT

1 The plaintiff in these proceedings, Dean Malcolm Gimbert, was injured in an accident at work on 19 August 2004 when he was delivering windows to a construction site at 9 Bold Street Laurieton New South Wales. The plaintiff claims damages from the defendant because he alleges the defendant had the care and control of the construction site and breached the duty of care which he owed to the plaintiff. I will turn to the particulars of negligence later in this judgment.