Gregory Warren Thomson v Twin Towns Employment Enterprises Limited [2008] NSWDC 213

New South Wales District Court

CITATION: Gregory Warren Thomson v Twin Towns Employment Enterprises Limited [2008] NSWDC 213

HEARING DATE(S): 25-27 August 2008, 5 September 2008.

JUDGMENT DATE: 24 September 2008

JURISDICTION: CIVIL

JUDGMENT OF: Knox SC DCJ

I order: DECISION: (a) Verdict and judgment for the Plaintiff and damages in the sum of $199, 550.19. (b) I will reserve liberty to both parties to make submissions as to costs. In the event that no such submissions are received I will order that the defendant to pay the plaintiff's costs. (c ) Exhibits to be returned 28 days from today to the party tendering the particular exhibit.

CATCHWORDS: Claim for damages for injuries suffered - Working on a farm for 'Work for the Dole' scheme - Defendant's contractual obligations to provide and organise labour to work on various sites - Plaintiff directed to erect cyclone wire mesh fence onto existing fencing wire - Trench nearby - While using both hands to attach mesh, plaintiff slipped and fell into trench - Lower left leg snapped and tibia and fibula shattered - Failure to provide a safe place of work - Failure to provide a safe system of work - Failure to supervise - Failure to provide proper equipment - Breach of duty of care - Duty to avoid reasonably foreseeable risk of injury

Occupational Health & Safety Act 2000 LEGISLATION CITED: Occupational Health & Safety Regulations 2001 Civil Liability Act 2002

Vairy v Wyong Shire Council (2005) 223 CLR 422 Rockdale Beef Pty Ltd v Carey [2003] NSW CA 132 CASES CITED: TNT Australia Pty Ltd v Christie (2003) 65 NSWLR 1; [2003] NSWCA 47 Stevens v Brodribb Sawmilling Company Pty Ltd (1986) 160 CLR 16 Rauk v Transtate Pty Ltd (2001) Aust Torts Report 81-592; appeal (upheld) [2002] NSWCA 222