Dimkovski v Ken's Painting & Decorating Services Pty Limited & 2 ors [2002] NSWSC 49

New South Wales Supreme Court

CITATION : Dimkovski v Ken's Painting & Decorating Services Pty Limited & 2 ors [2002] NSWSC 49 CURRENT JURISDICTION: Common Law Division FILE NUMBER(S) : SC 20013/98; 20107/00 HEARING DATE(S) : 12 February 2002 JUDGMENT DATE : 12 February 2002

Acko Dimkovski by his tutor The Protective Commissioner of New South Wales (Plaintiff) Jordan Trajkovski (Plaintiff) PARTIES : Ken's Painting & Decorating Services Pty Limited (1st Defendant) Lynden Constructions Pty Limited (2nd Defendant) National Hire Pty Limited (3rd Defendant) JUDGMENT OF : Dunford J

A Morrison SC / A McSpedden (Plaintiff - Dimkovski) C Evatt / M Rollinson (Plaintiff - Trajkovski) COUNSEL : L King SC / M Jenkins (1st Defendant) R Cavanagh (2nd Defendant) W Fitzsimmons / J Ryan (3rd Defendant) McBride Harle & Martin (Plaintiff - Dimkovski) Carters Law Firm (Plaintiff - Trajkovski) SOLICITORS : William K Chambers (1st Defendant) Henry Davis York (2nd Defendant) Hunt & Hunt (3rd Defendant) CATCHWORDS : EVIDENCE - admissibility - industrial accident - claim for common law negligence - breach of duty imposed by statute - exclusion of action for breach of statutory duty - admissibility of breach of statute as evidence relative to common law negligence - evidence of which relevant facts - EVIDENCE - admissibility - industrial accident - action for common law negligence - plea of guilty to breach of statute - which facts admitted by plea LEGISLATION CITED : Occupational Health and Safety Act 1983 (since repealed), ss 15, 22, 53 Evidence Act 1995, s 81 Abela v Giew (1965) 65 SR (NSW) 485 The Queen v Obrich [1999] HCA 54, 199 CLR 270 CASES CITED : Strohfeldt v Francis [1968] 1 NSWR 251 Harrison v Government Insurance Office of NSW (1992) 16 MVR 156 Henwood v Municipal Tramways Trust (SA) (1938) 60 CLR 438 DECISION : Evidence admitted.