Russell v Grace Worldwide (Australia) Pty Ltd trading as Grace Removals [2008] NSWDC 154

New South Wales District Court

CITATION: Russell v Grace Worldwide (Australia) Pty Ltd trading as Grace Removals [2008] NSWDC 154 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 22-23 July 2008 EX TEMPORE JUDGMENT DATE : 25 July 2008

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

DECISION: Stood over to 1 August 2008 to deal with costs and the making of final orders.

CATCHWORDS: TORT - Furniture removalist - obvious risk - whether s 151Z adjustment appropriate in absence of evidence concerning conduct of labour hire company - assessment of damages

LEGISLATION CITED: Civil Liability Act 2002 Workers Compensation Act 1987

Bourke v Victorian Workcover Authority (1999) 1VR 189 - [1998] VSCA 24 CASES CITED: Fox v Wood (1981) 148 CLR 438 Pollard v Baulderstone Hornibrook Engineering Pty Ltd [2008] NSWCA 99

PARTIES: Shannon Russell (Plaintiff) Grace Worldwide (Australia) Pty Ltd trading as Grace Removals (Defendant)

FILE NUMBER(S): Newcastle 168/07

COUNSEL: T R Edwards (Plaintiff) A D M Hewitt SC (Defendant)

SOLICITORS: Bale Boshev (Plaintiff) Curwood Lawyers (Defendant)

JUDGMENT

1 Shannon David Russell was injured in his low back on

2 22 December 2005 in the course of his employment as a removalist. He was employed by J D Thompson Personnel Pty Ltd, a labour hire company trading under the name, Jobwire. His services were provided by Jobwire to Grace Worldwide Australia Pty Ltd, a company trading under the name, Grace Removals. The issues in the proceedings were: 1 Whether the risk of injury was so obvious that the defendant should not be held liable to the plaintiff. 2 Whether there was contributory negligence on behalf of the plaintiff. 3 The extent of the responsibility of Jobwire for the purposes of the application of s 151Z of the Workers Compensation Act 1987. 4 The extent of the plaintiff's injury and ongoing disabilities. 5 The assessment of his damages for non economic loss, loss of income earning capacity, requirement for future domestic assessment assistance and out-of-pocket expenses, past and future.