Knauer v Transfield Pty Limited [2005] NSWSC 176

New South Wales Supreme Court

CITATION : Knauer v Transfield Pty Limited [2005] NSWSC 176

HEARING DATE(S) : 21-25 February 2005

JUDGMENT DATE : 11 March 2005

JURISDICTION : Common Law Division

JUDGMENT OF : Studdert J

DECISION : Judgment for the plaintiff in the sum of $1,351,955.50. The defendant is to pay the plaintiff's costs.

LEGISLATION CITED : Workers' Compensation Act, s 151I

CASES CITED : Van Gervan v Fenton (1991-92) 175 CLR 327

David Justin Knauer (Plaintiff) PARTIES : Transfield Pty Limited (Defendant)

FILE NUMBER(S) : SC 20453/02

P.H. Greenwood SC/D. O'Dowd (Plaintiff) COUNSEL : C. Bridge SC/A. Naylor (Defendant)

Gillis Delaney Brown (Plaintiff) SOLICITORS : Hicksons Lawyers (Defendant)

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

STUDDERT J

Friday 11 March 2005

20453/02 DAVID JUSTIN KNAUER v TRANSFIELD PTY LIMITED

JUDGMENT 1 HIS HONOUR: The plaintiff, David Knauer, claims damages from the defendant, Transfield Pty Limited, after being injured in the course of his employment with the defendant on 26 November 1999. The defendant joined North Sydney Area Health Service as a cross defendant, but when the hearing of this cause commenced Mr Bridge of Senior Counsel, appearing for the defendant, informed the Court that the matter was settled as between the defendant and the cross defendant. Liability as between the plaintiff and the defendant was not contested, and the matter proceeded for the assessment of damages only. 2 The nature of the claim is such as to demand very close attention to the medical evidence in this case. However, I propose at the outset to record in summary form details of the plaintiff's background, the circumstances of the accident, and then the course of the plaintiff's treatment, and post accident history.