Heiko George Stalling v Bowral Brickworks Pty Ltd trading as Bowral Brickworks [2001] NSWSC 554

New South Wales Supreme Court

CITATION : Heiko George Stalling v Bowral Brickworks Pty Ltd trading as Bowral Brickworks [2001] NSWSC 554 FILE NUMBER(S) : SC 20310/99 HEARING DATE(S) : 19-20/2/2001 6/6/2001 JUDGMENT DATE : 2 July 2001

PARTIES : Heiko George Stalling Bowral Brickworks Pty Ltd trading as Bowral Brickworks JUDGMENT OF : Dowd J at 1

COUNSEL : Mr P Biggins- Plaintiff Mr G Little SC- Defendant SOLICITORS : Robert Johns & Company- Plaintiff Sparke Helmore Solicitors- Defendant CATCHWORDS : Workplace injury - Unguarded machine - Contributory negligence - Projection of costs of expensive prosthesis LEGISLATION CITED : Workers Compensation Act 1987 CASES CITED : - DECISION : 1. Verdict for plaintiff on action; 2. Verdict for plaintiff on cross-action; and 3. Costs against defendant.

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

DOWD J

2 JULY 2001

20310/99

Heiko George Stalling v Bowral Brickworks Pty Ltd trading as Bowral Brickworks JUDGMENT 1 The plaintiff in these proceedings originally commenced proceedings in the District Court. These were later transferred to this court. The proceedings allege negligence for injuries sustained as a result of failing to guard a dangerous machine, or to warn or properly instruct the plaintiff as to the danger. The plaintiff also alleged breach of statutory duty. The plaintiff suffered a crushed left hand, requiring amputation of the left hand, and shock and permanent disabilities. 2 The defendant initially denied negligence and breach of statutory duty, and alleged contributory negligence. 3 During the course of the hearing, the defendant admitted breach of the duty of care, but did not withdraw the allegation of contributory negligence. Damages remained in issue.