Young v Masselos & Co [2010] NSWDC 169

New South Wales District Court

CITATION: Young v Masselos & Co [2010] NSWDC 169

HEARING DATE(S): 6, 7, 8 October, 13 November 2009

JUDGMENT DATE: 13 August 2010

JURISDICTION: Civil

JUDGMENT OF: Levy SC DCJ

1. Verdict and judgment for the plaintiff in the sum of $67,344.75 including interest; DECISION: 2. The defendant is to pay the plaintiff's costs on the ordinary basis unless otherwise ordered; 3. The exhibits may be returned; 4. Liberty to apply on 7 days notice if further orders are required.

CATCHWORDS: TORTS – negligence – legal practitioners – admitted failure of solicitor to advise plaintiff of his potential common law right to claim damages for personal injury in the workplace involving occupier's liability – related failure to institute timely proceedings to claim damages for personal injury arising from alleged negligence of the occupier of premises where plaintiff sustained injury – whether the barred claim would have succeeded if litigated – liability and causation considerations arising under Civil Liability Act 2002 – whether causation of claimed loss established - - DAMAGES – measure of damages for notional proceedings – adjustments required – whether plaintiff entitled to a verdict in his favour after adjustments

Civil Liability Act 2002 Civil Procedure Act 2005 LEGISLATION CITED: Practice Note DC (Civil) 15 Uniform Civil Procedure Rules 2005 Sch 5 Workers' Compensation Act 1987

Australian Safeway Stores Pty Ltd v Zaluzna [1987] HCA 7; (1987) 162 CLR 479 Hackshaw v Shaw [1984] HCA 84 per Deane J at [26]; (1984) 155 CLR 614 Johnson v Perez [1988] HCA 64; (1988) 166 CLR 351 CASES CITED: Kondis v State Transport Authority [1984] HCA 61; (1984) 154 CLR 672 Modbury Triangle Shopping Centre Pty Ltd v Anzil [2000] HCA 61; 205 CLR 254 Papatonakis v Australian Telecommunications Commission & Anor [1985] HCA 3; (1985) 156 CLR 7 Tipper v Williams (No. 2) [1994] NSWCA 312