Coulson v Containers Packaging (Food Can Group Bathurst) [2005] NSWSC 553

New South Wales Supreme Court

CITATION : Coulson v Containers Packaging (Food Can Group Bathurst) [2005] NSWSC 553

HEARING DATE(S) : 29/03/05, 30/03/305, 31/03/05

JUDGMENT DATE : 9 June 2005

JUDGMENT OF : Hislop J

DECISION : Verdict for the plaintiff against the defendant in the sum of $239,156.57; Judgment for the plaintiff against the defendant in the sum of $124,164.49; The defendant is to pay the plaintiff's costs.

CATCHWORDS : Negligence - Assessment of damages.

LEGISLATION CITED : Workers Compensation Act 1987 - Part 5 Division 3

Arthur Robinson (Grafton) Pty Limited v Carter (1968) 122 CLR 649 CASES CITED : Medlin v SGIC (1995) 182 CLR 1

Plaintiff - Mary Therese Coulson PARTIES : Defendant - Containers Packaging (Food Can Group Bathurst) being a member of Amcor Packaging (Australia) Pty Limited

FILE NUMBER(S) : SC 20721/01

Plaintiff - Mr D W Elliott COUNSEL : Defendant - Mr P O'Connor

Plaintiff - G. H Healey & Co - Bondi SOLICITORS : Defendant - A O Ellison & Co - Sydney

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HISLOP J

9 June 2005

20721/01 Mary Therese Coulson v Containers Packaging (Food Can Group Bathurst) being a member of Amcor Packaging (Australia) Pty Limited

JUDGMENT

Introduction 1 This is a claim by the plaintiff to recover damages for personal injuries sustained in the course of her employment with the defendant. Liability is admitted and the matter is before me for assessment of damages. The assessment is subject to the limitations imposed by the Workers Compensation Act 1987 ("the Act") Part 5 Division 3 as at the time of injury.