Giovenco v Dick [2010] NSWDC 4

New South Wales District Court

CITATION: Giovenco v Dick [2010] NSWDC 4

HEARING DATE(S): 23, 24 March and 19 June 2009

JUDGMENT DATE: 4 March 2010

JURISDICTION: Civil

JUDGMENT OF: Levy SC DCJ

1. Verdict and judgment for the plaintiff against each defendant in the sum of $350,000; 2. The defendants are to pay the plaintiff's costs on the ordinary basis unless otherwise ordered; DECISION: 3. On the cross claims, as between the defendants, liability is apportioned in the proportion of 20 per cent on the part of the first defendant and 80 per cent on the part of the second defendant; 4. No order as to costs in respect of the cross claims; 5. Exhibits may be returned; 6. Liberty to apply on 7 days notice if further orders are required.

CATCHWORDS: TORTS – negligence – occupier's liability – unwitnessed electrocution death of self – employed handyman in course of repairing a roof leak at the base of a redundant roof mounted solar hot water installation on rental property owned by first defendant – second defendant plumbing contractor previously carried out work on the system – redundant hot water system left connected to electricity supply – considerations under Civil Liability Act 2002 – contested liability in negligence for damages claimed by surviving de-facto spouse of deceased – liability assessment where precise mechanism of electrocution not known – whether there was contributory negligence on the part of the deceased – apportionment of liability between defendants - DAMAGES – damages agreed pursuant to Compensation to Relatives Act 1897

Civil Liability Act 2002, ss 5B; 5D; 5E, 5F, 5G, 5I, 5R and 5T LEGISLATION CITED: Compensation to Relatives Act 1897 Electrical Safety (Electrical Installations) Regulations 1998 Evidence Act 1995, ss 79 and 80