Nikola Boric v M. Vujinovic & Anor t/as Drina Carpentry [2007] NSWDC 142

New South Wales District Court

CITATION: Nikola Boric v M. Vujinovic & Anor t/as Drina Carpentry [2007] NSWDC 142

HEARING DATE(S): 7,8,9,12,13, and 15 February 2007

JUDGMENT DATE: 20 April 2007

JURISDICTION: Civil

JUDGMENT OF: McGrowdie ADCJ

DECISION: (1) Judgment for the plaintiff against the defendants in the sum of $475,008. (2) Order that the plaintiff's costs are to be paid by the first defendant on the one part and by the second to fifth defendant's on the other; (3) Judgment for the cross-claimant on the first cross-claim against the cross- defendant in the sum of $173,266 with each party to bear it's own costs; and (4) Judgment for the cross-claimant on the second cross-claim against the cross - defendant in the sum of $96,000 with each party to bear it's own cost's.

CATCHWORDS: NEGLIGENCE - Personal Injury - Liability for injury on construction site - Apportionment between occupier and employer - Assessment of Damages under Civil Liability Act, 2002 and Workers Compensation Act 1987 - Application of s.151Z(2) of Workers Compensation Act 1987 - Steps involved.

Law Reform (Miscellaneous Provisions) Act 1946, s 5 LEGISLATION CITED: Workers Compensation Act 1987, s151Z(2) Civil Liability Act 2002 Occupational Health & Safety Act 2000

Thompson v Woolworths (Q'land) Pty Limited [2005] HCA 19 Stevens v Brodribb Sawmilling Company Pty Limited (1986) 160 CLR 16 Kolodziejczyk v Grandview Pty Ltd [2002] NSWCA 267 CASES CITED: Rockdale Beef Pty Limited v Carey (2003) NSWCA 132 Wyong Shire Council v Shirt ((1980) 146 CLR 40 Mambare Pty Ltd t/as Valley Homes v Rebecca Irene Bell (in her capacity as Administratrix of the Estate of the late Simon James Bell) & Anor [20006] NSWCA 3122 Matchan v Lyons [2003] NSWCA 384