Peers v Transfield Constructions Pty Ltd [2009] NSWDC 373

New South Wales District Court

CITATION: Peers v Transfield Constructions Pty Ltd [2009] NSWDC 373

HEARING DATE(S): 14/09/2009, 15/09/2009, 16/09/2009, 17/09/2009, 21/09/2009, 22/09/2009, 23/09/2009, 24/09/2009

JUDGMENT DATE: 16 November 2009

JURISDICTION: Civil

JUDGMENT OF: Williams DCJ

DECISION: In accordance with my findings there will be a verdict for the plaintiff in the sum of $ 434,437.00. I order the Defendant to pay the Plaintiff's costs of these proceedings. The Court of Appeal reserved to this court the question of costs in regard to the first trial. In that regard, I grant liberty to the parties to re-list the matter before me at any time prior to 10/12/09 to argue the question of the costs of the first trial and any additional issue as to costs that might arise out of the second trial. However if the matter is not re-listed before me on or before 10/12/09 then, the Plaintiff having been successful on both trials, I order the defendant to pay the plaintiff's costs of the first trial. The verdict and costs of the second trial are to be paid within 28 days of today's date. In the event of order 3 coming into effect I order the Defendant to pay the plaintiff's costs of the 1st trial within 28 days of 10/12/09. Interest is to run on any unpaid costs after 28 days in accordance with the District Court scale. Interest on the verdict is to accrue in the normal way.

CATCHWORDS: Negligence – personal injury – rehearing on liability and damages – fall into excavation on construction site - issue as to occupier of site – liability of principals and sub-contractors – who is my "neighbour" – application of 151Z of Workers Compensation Act – responsibilities of proof in multi party cases – contributory negligence and mere inadvertence – damages – costs of first trial and subsequent trial.