Anthony v Australian Native Landscapes Pty Ltd [2008] NSWDC 109

Reported Decision : 7 DCLR (NSW) 212

New South Wales District Court

CITATION: Anthony v Australian Native Landscapes Pty Ltd [2008] NSWDC 109

HEARING DATE(S): 10 and 11 June 2008

JUDGMENT DATE: 2 July 2008

JURISDICTION: Civil

JUDGMENT OF: Hungerford ADCJ

DECISION: Verdict for the plaintiff against the defendant in the amount of $50,000 on the claim. As to the defendant's cross-claim, verdict for the defendant/cross-claimant against the second cross-defendant for indemnity of damages recovered by the plaintiff in the amount of $50,000 plus costs and expenses incurred in defending the plaintiff's claim; and verdicts for the first and third cross-defendants against the defendant/cross-claimant. Parties to prepare short minutes of order to give effect to decision, including as to costs.

CATCHWORDS: TORTS - negligence - employer's duty of care to mother of seriously injured worker - breach of the duty - claim for damages for nervous shock - whether injury consequent upon injury to worker - costs - STATUTES - interpretation - purposive approach - statutory instrument - meaning of the phrase "for any injury to" - significance of use of the word "for" - maxim expressio unius - use of maxim to confirm earlier meaning of provision - WORKERS COMPENSATION - insurance - liability of insurer - whether deemed insurer on risk in relation to an injured trainee worker - liability of licensed insurer - liability of public liability insurer - dispute between insurers and employer as to indemnity under statutory workers compensation insurance policy - indemnity of employer in respect of liability independently of the statute for damages to person other than the injured worker - mother of injured worker suffering nervous shock - meaning of the phrase "for any injury to" the worker - whether employer entitled to indemnity under statutory policy - insurer so liable - costs