Steven Jelic v Edward Bader and Gerardina Bader [2010] NSWDC 329

New South Wales District Court

CITATION: Steven Jelic v Edward Bader and Gerardina Bader [2010] NSWDC 329

JUDGMENT DATE: 2 July 2010

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: Judgment for the plaintiff for $243,250. This has been reversed by the Court of Appeal see Bader v Jelic [2011] NSWCA 255

CATCHWORDS: CIVIL LAW - judgment - claim for damages - plaintiff installing Foxtel equipment in defendants' house at time of accident - plaintiff stumbles into plate glass window - claim that accident was result of defendants' negligence - both parties called opinion evidence involving inspection of site of accident - plaintiff suffers from major depressive disorder as result of accident - plaintiff developed alcohol problem following accident and pre-existing disposition towards gambling was exacerbated - unrelated assault resulting in worsening of plaintiff's psychological disorders and affected functioning - physical limitations as a result of injuries - loss of earning capacity - past out-of-pocket expenses - future out-of-pocket expenses - future wage loss - contibutory negligence

LEGISLATION CITED: Civil Liability Act 2002

Homestyle Pty Limited v Perrozzi (2007) 33 WAR 209 CASES CITED: Mason v Demasi [2009] NSWCA 227 Nagle v Rottnest Island Authority (1993) 177 CLR 423

Steven Jelic PARTIES: Edward Bader Gerardina Bader

FILE NUMBER(S): 2008/315357

COUNSEL: Mr AJ Lidden S.C. and Ms EEJ Welsh for the plaintiff Mr R Gambi for the defendants

JUDGMENT

1. Steven Jelic was a telecommunications mechanic. He had his own contract business and one of his jobs was to remove outdated Foxtel equipment from houses and install new equipment. He was doing just this on 1 March 2005 at the home unit of Mr and Mrs Bader in Balmoral. He had been upstairs with Mr Bader to inspect the equipment and was going back outside to collect the new equipment when a very nasty accident happened. On his way out Mr Jelic fell into a large plate glass window downstairs. His forearms were badly cut and he had to be taken to hospital by ambulance.