LUCAS v IMPACT BUILDING Pty Ltd & ANOR J&P EMPLOYMENT v IMPACT BUILDING Pty Ltd & ANOR [2007] NSWDC 44

New South Wales District Court

CITATION: LUCAS v IMPACT BUILDING Pty Ltd & ANOR J&P EMPLOYMENT v IMPACT BUILDING Pty Ltd & ANOR [2007] NSWDC 44 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 15-16 March 2007 EX TEMPORE JUDGMENT DATE : 3 April 2007

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

DECISION: 1. Stood over to 9.30 on 5 April 2007 in order to make final orders.

CATCHWORDS: Obvious hazard - Contractors' cross claims.

LEGISLATION CITED: Workers Compensation Act 1987

CASES CITED: Fox v Wood (1981) 148 CLR 438

Vicki Jean LUCAS IMPACT BUILDING Pty Ltd PARTIES: ADMAC PLUMBING SERVICES Pty Ltd J&P EMPLOYMENT & TRAINING IMPACT BUILDING Pty Ltd ADMAC PLUMBING SERVICES Pty Ltd

FILE NUMBER(S): Newcastle 746/05; Newcastle 72/06

C A W Hart - Plaintiff COUNSEL: N J Polin - 1st Defendant D S Weinberger - 2nd Defendant

Bale Boshev - Plaintiff SOLICITORS: Henry Davis York - First Defendant Maccallum Lawyers - 2nd Defendant

JUDGMENT

HER HONOUR

1 What I am doing is giving a judgment really in respect of Mrs Lucas' claim, and I am going to leave it to the parties to bring in short minutes as far as the cross claims and the s 151Z recovery matter is concerned. It seemed to me to be the sensible thing to do rather than trying to work my way through the jungle myself.

2 Vicki Jean Lucas went to lunch with her daughter on 27 May 2003. She was returning to her office when she walked east on Hunter Street, Newcastle and stumbled in an area of the footpath that had been disturbed in the course of fitting out work at 101 Hunter Street. She claims to have suffered a significant injury to her right leg as a consequence.