Wilke v Astra Pharmaceuticals P/L & Anor [2001] NSWCA 135

New South Wales Court of Appeal

CITATION : Wilke v Astra Pharmaceuticals P/L & Anor [2001] NSWCA 135 FILE NUMBER(S) : CA 40902/99 HEARING DATE(S) : 04/04/01 JUDGMENT DATE : 11 May 2001

Peter Wilhelm Hans Wilke PARTIES : v Astra Pharmaceuticals Pty Limited & Another JUDGMENT OF : Meagher JA at 1; Foster AJA at 16; Grove J at 17

LOWER COURT JURISDICTION : Supreme Court LOWER COURT 21377/95 FILE NUMBER(S) : LOWER COURT Master Harrison JUDICIAL OFFICER :

Apellant: S Norton COUNSEL : Respondent 1: T Hale SC / P Sibtain Respondent 2: M Williams SC / W Culkoff Cross Defendant: R Seton Appellant: Warren Webb Solicitor SOLICITORS : Respondent 1: Minter Ellison Respondent 2: Sparke Helmore Cross Defendant: Hunt & Hunt CATCHWORDS : Tort - negligence - injury - where injured party was an independent contractor engaged by another independent contractor to conduct building work - duty of care owed by occupier - duty of care owed by independent contractor - appeal against first respondent dismissed - appeal against second respondent allowed. CASES CITED: Stevens v Brodribb Sawmilling Co Pty Limited (1986) 160 CLR 16 DECISION : 1. Appeal against verdict and judgment in favour of the first defendant dismissed with costs; 2. Appeal against verdict and judgment in favour of the second defendant allowed; 3. In lieu of the verdict and judgment in favour of the second defendant, substitute a verdict and judgment in favour of the plaintiff in the sum of $425,409.00; 4. Order that the second defendant pay the plaintiff's costs below and of the appeal (including the costs enforceable to Order 1), the second defendant to have a Certificate under the Suitors Fund Act; 5. Cross-appeal dismissed with costs.