NSW Caselaw
New South Wales Supreme Court
CITATION : Perkins v Commonwealth Bank of Australia Ltd & Ors [2003] NSWSC 346 11 - 22 March 2002 HEARING DATE(S) : 25 November 2002 28 November 2002 JUDGMENT DATE : 1 May 2003
JUDGMENT OF : Simpson J DECISION : Parties to bring in short minutes of orders
CATCHWORDS : injury in the course of employment - employment agency agreement - liability of the Bank - cause of collapse of shelf - negligence - foreseeability - preventability - damages - Plaintiff's history - diagnosis - quantification of damages - general damages - out-of pocket expenses - psychological treatment - orthopaedic treatment - general practitioner - future medication - occupational therapy - physiotherapy - future travel - economic loss - superannuation - domestic assistance - modifications to the Plaintiff's home - 1st Cross-claim (amended): the Bank v Adecco - particulars of negligence - contract claim against Adecco - 2nd Cross-claim: Adecco v Commercial Union Law Reform (Miscellaneous Provisions) Act 1946 (NSW) s5 LEGISLATION CITED : Workers Compensation Act 1987 (NSW) s66 s155 Insurance Contracts Act 1984 (Cth) s48 District Court Rules Part 12 Rule 4A Griffiths v Kerkemeyer (1997) 139 CLR 161 CASES CITED : Kondis v State Transport Authority (1984) 154 CLR 672 Nigel Watts Fashion Agencies Pty Ltd v GIO General Ltd NSW Court of Appeal, 22 December 1994, unreported Fox v Wood (1981) 148 CLR 438 Shelley-Lyn Perkins - Plaintiff PARTIES : Commonwealth Bank of Australia Ltd - Defendant/1st Cross-claimant Adecco Centacom Pty Ltd - 1st Cross-defendant to 1st Cross-claim/2nd Cross-claimant Commercial Union Workers Compensation (NSW) Ltd - 1st Cross-defendant to 2nd Cross-claim FILE NUMBER(S) : SC 20160/00 L King SC with J Mrsic - Plaintiff COUNSEL : MJ Neil QC with J Gracie - Defendant/1st Cross-claimant PM Morris - Ist Cross-defendant to 1st Cross-claim/2nd Cross-claimant PC Sweeney - 1st Cross-defendant to 2nd Cross-claim Carroll & O'Dea - Plaintiff SOLICITORS : Goldrick Farrell Mullan - Defendant/1st Cross-claimant Corrs Chambers Westgarth - 1st Cross-defendant to 1st Cross-claim, 2nd Cross-claimant Goldbergs - 1st Cross-defendant to 2nd Cross-claim
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