NSW Caselaw
New South Wales District Court
CITATION: El Debal v Network Welding Pty Ltd (In Liq) [2007] NSWDC 161
HEARING DATE(S): 13, 14, and 15 February and 9 May 2007
JUDGMENT DATE: 11 May 2007
JURISDICTION: District Court - Civil Jurisdiction
JUDGMENT OF: Johnstone DCJ at 1
DECISION: In respect of the accident on 15 April 2000: Judgment for the plaintiff against Network Welding Pty Ltd for $461,575.80, Judgment for the plaintiff against Kari & Ghossayn Pty Limited for $481,355.80, Judgment for Kari & Ghossayn Pty Limited against Network Welding Pty Ltd for $92,315.16, Judgment for Network Welding Pty Ltd against Kari & Ghossayn Pty Limited for $369,260.64; in respect of the accident on 2 May 2000: Judgment for the plaintiff against Network Welding Pty Ltd for $417,054.60, Judgment for the plaintiff against Abigroup Pty Limited for $551,675.52, Judgment for Abigroup Pty Limited against Network Welding Pty Ltd for $83,410.92, Judgment for Network Welding Pty Ltd against Abigroup Pty Limited for $333,643.68; in respect of the motor accident on 18 October 2000: Judgment for the plaintiff against Ms Darke for $187,249.86; the defendants are to pay the plaintiff's costs of the re-trial, as agreed or asessed, on the ordinary basis; Ms Darke is to pay the plaintiff's costs of the first trial, save for those costs that relate to the application under s 61(4) of the Motor Accidents Compensation Act 1999, as agreed or assessed, on the ordinary basis
CATCHWORDS: Negligence - three separate incidents, two at the workplace and the third in a motor accident - plaintiff employed by a body hire company, injured at premises of hirers - new trial directed by Court of Appeal on contributory negligence, contribution between the four defendants, and damages - apportionment of responsibility - Workers Compensation - application of s 151Z and adjustments required to the recoverable damages - Damages - different injuries in each accident, involving the right shoulder, lower back and neck, complicated by a secondary psychiatric condition - attribution of loss of earning capacity to specific injuries
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