NSW Caselaw
Reported Decision : 6 DCLR (NSW) 224
New South Wales District Court
CITATION: Juric v Transformex Pty Limited [2007] NSWDC 229
HEARING DATE(S): 9 - 12 October
JUDGMENT DATE: 13 November 2007
JURISDICTION: Civil
JUDGMENT OF: Goldring DCJ
DECISION: The total damages are $762,102. As the defendant has not agreed to waive any jurisdictional limits on damages, there will accordingly be a verdict for the plaintiff in the sum of $750,000.
CATCHWORDS: Torts - negligence - occupier - duty to independent contractor working on premises - Interpreter - credit of witness whose first language is not English - Evidence - circumstantial evidence to support finding of negligence - Causation - Civil Liability Act 2002 principles - Damages - domestic assistance future where assistance provided gratuitously in past
LEGISLATION CITED: Civil Liability Act 2002
Metcash Trading Limited v Scripcariu [2006] NSWCA 78 Maricic v Dalma Formwork (Australia) Pty Ltd and Anor [2006] NSWCA 174 Czatyrko v Edith Cowan University [2005] 79 ALJR 839 Luxton v Vines (1952) 85 CLR 352 CASES CITED: Teuma v CP & PK Judd Pty Ltd [2007] NSWCA 166 Van Gervan v Fenton (1992) 175 CLR 327 Nguyen v Nguyen (1990) 169 CLR 245 Roads and Traffic Authority (NSW) v Lolomanaia (2001) 34 MVR 249 Matchan v Lyons (2004) 40 MVR 466
PARTIES: Branimir Juric (Plaintiff) Transformex Pty Limited
FILE NUMBER(S): 4822 of 2005
COUNSEL: Mr C. Heazlewood (Plaintiff) Mr N. Polin (Defendant)
SOLICITORS: Beilby Poulden Costello (Plaintiff) Gadens Lawyers (Defendant)
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