Kazic v GIO Workers Compensation (NSW) Ltd [2007] NSWDC 342

New South Wales District Court

CITATION: Kazic v GIO Workers Compensation (NSW) Ltd [2007] NSWDC 342

HEARING DATE(S): 13, 14, 15, 16 and 17 August 2007

JUDGMENT DATE: 5 October 2007

JURISDICTION: District Court Civil Jurisdiction

JUDGMENT OF: Johnstone DCJ at 1

DECISION: 1. Judgments in accordance with the verdicts at [91]; 2. The defendants to pay the plaintiff's costs, on the ordinary basis; 3. Each of the successful cross-claimants are to have their costs as against the cross-defendants in the respective cross-claims, on the ordinary basis

CATCHWORDS: NEGLIGENCE - plaintiff injured on a building site involving a head contractor and multiple subcontracts - issues surrounding identity of the employer of the scaffolder whose casual act of negligence injured the plaintiff - unsafe system of dismantling scaffolding - negligence of head contractor in its coordination of the work of the various subcontractors on site - breach by employer of non-delegable duty of care - apportionmant of responsibility between the negligent defendants - DAMAGES - effect of psychological condition overlaying temporary orthopaedic disabilities - adjustments pursuant to s 151Z of the Workers Compensation Act 1987 (NSW)

LEGISLATION CITED: Civil Liability Act 2002: s 16(3) Workers Compensation Act 1987 (NSW): s 151Z

Caledonian Collieries Ltd v Speirs [1957] HCA 14 at [12] Liftronic Pty Limited v Unver [2001] HCA 24 at [2] CASES CITED: Romeo v Conservation Commission of the Northern Territory [1998] HCA 5 at [128] Sheldrick v State of New South Wales [2007] NSWCA 105 at [53] Sungravure Pty Ltd v Meani (1964) 110 CLR 24 at 37 Thomson v Bankstown Corporation (1953) 87 CLR 619 at 630