George v Lifese Steel Erections Pty Ltd & Anor [2003] NSWSC 1146

New South Wales Supreme Court

CITATION : George v Lifese Steel Erections Pty Ltd & Anor [2003] NSWSC 1146 HEARING DATE(S) : 25, 26, 27, 29 August, 9, 10 October 2003 JUDGMENT DATE : 8 December 2003 JURISDICTION: Common Law Division JUDGMENT OF : Studdert J DECISION : (1) I find the first defendant to have been negligent; (2) I find the second defendant to have been negligent; (3) I do not find the plaintiff to have been guilty of contributory negligence; (4) 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; (5) I assess total damages as against the first defendant in the sum of $367,373.48; (6) I assess total damages as against the second defendant in the sum of $336,960.98; (7) The cross claim by the second defendant against Transfield fails, and Transfield is to have judgment on that cross claim entered in its favour; (8) The matter is to be listed on 19 December 2003 to enable the parties in the interim to prepare short minutes of appropriate judgments and ancillary orders; (9) Failing agreement, on that date the matter will be listed for further argument on a date then to be appointed.

CATCHWORDS : Industrial accident - actions against employer and entity to whom plaintiff's services made available - apportionment of fault. Damages - assessments under Workers' Compensation Act and Civil Liability Act. Civil Liability Act, ss 12, 13, 15A, 16, 18 LEGISLATION CITED : Supreme Court Rules, Pt 8 r 11, Pt 20 r 4 Workers' Compensation Act Bridge Shipping Pty Limited v Grand Shipping SA (1991) 173 CLR 231 Darlington Futures Limited v Delco Australia Pty Limited (1986) 161 CLR 500 Drake Personnel Limited v Workcover Authority of New South Wales (1999) 90 IR 432 CASES CITED : Kondis v State Transport Authority (1984) 154 CLR 672 Leighton Contractors Pty Limited v Smith & Anor [2000] NSWCA 55 Lepore v State of New South Wales (2001) 52 NSWLR 420 TNT Australia Limited v Christie & Ors [2003] NSWCA 47 Rabih George (Plaintiff) Lifese Steel Erections Pty Limited (1st Defendant) PARTIES : Lifese Pty Limited t/as Lifese Engineering (2nd Defendant) Transfield Constructions Pty Limited (2nd Cross Defendant) M. & C. Maxwell Pty Limited (in liquidation) (3rd Cross Defendant) FILE NUMBER(S) : SC 20430/99 Plaintiff: D. Nock SC/S. Torrington COUNSEL : 1st Defendant: J. McIntyre SC 2nd Defendant: L. Ellison (25-27 August), M. Windsor (9-10 October) 2nd Cross Defendant: E. Kennedy Plaintiff: Barry F. Cosier & Associates SOLICITORS : 1st Defendant: Nevill & Edwards 2nd Defendant: Holman Webb (25-27 August), McCabe Terrill (9-10 October) 2nd Cross Defendant: Moray & Agnew