Stanley v Advantage Personnel Pty Limited & Anor [2003] NSWSC 911

New South Wales Supreme Court

CITATION : Stanley v Advantage Personnel Pty Limited & Anor [2003] NSWSC 911 HEARING DATE(S) : 10-12 June, 19 September 2003 JUDGMENT DATE : 10 October 2003 JURISDICTION: Common Law JUDGMENT OF : Studdert J DECISION : I find the first defendant to have been negligent. I find the second defendant to have been negligent. I do not find the plaintiff to have been guilty of contributory negligence. I apportion twenty-five percent of the liability for the damage suffered by the plaintiff to the first defendant and seventy-five percent of the liability for the damage suffered to the second defendant. I assess total damages as against the first defendant in the sum of $916,234.95. I assess total damages as against the second defendant in the sum of $1,063.646.45. The matter is to be listed on Friday 17 October 2003 to afford to the parties the opportunity to agree upon short minutes as to the appropriate judgments and consequential orders, to be presented on that date.

Factory, Shops and Industries Act, ss 34(a), 40(1) LEGISLATION CITED : Law Reform (Miscellaneous Provisions) Act, 1946 Workers Compensation Act, Pt 5 Div 3, s 151G Australian Iron & Steel Pty Limited v Luna (1969) 23 CLR 305 Australian Oil Refining Pty Limited v Bourne (1979-80) 28 ALR 529 Beck v The State of New South Wales [2001] NSWSC 278 Commonwealth of Australia v Tehuia (1984) 3 NSWLR 435 CASES CITED : Fenech v Australian Iron & Steel Pty Limited (unreported, NSWCA, 6 December 1968) Geaghan v D'aubert [2002] NSWCA 260 Johnston v Woolworths Limited (1982) 1 NSWLR 92 TNT Australia Pty Limited v Christie & Ors [2003] NSWCA 47 Van Der Sluice v Display Craft Pty Limited [2002] NSWCA 204 Anthony Anton Stanley (Plaintiff) PARTIES : Advantage Personnel Pty Limited (1st Defendant) Otis Elevator Company Pty Limited (2nd Defendant) FILE NUMBER(S) : SC 20296/02 D.T. Kennedy SC/J.W. Ingram (Plaintiff) COUNSEL : G.M. Swinton (1st Defendant) J.E. Sexton (2nd Defendant) Hilton King Solicitors (Plaintiff) SOLICITORS : Leitch Hasson Dent (1st Defendant) Moray & Agnew (2nd Defendant)