Todorovic v Moussa [2005] NSWCA 100

New South Wales Court of Appeal

CITATION: Todorovic v Moussa [2005] NSWCA 100

HEARING DATE(S): 17 February 2005

JUDGMENT DATE: 11 April 2005

JUDGMENT OF: Mason P at 1; Tobias JA at 2; Brownie AJA at 75

DECISION: (1) Appeal allowed; (2) Order that the verdict, judgment and orders made by Taylor DCJ on 8 October 2003 be set aside and in lieu thereof, there be a verdict and judgment for the appellant against the respondents in the amount of $118,529.87 to take effect from 8 October 2003; (3) Order that the respondents pay the appellant's costs of both trials at first instance including all costs associated with the first trial on an indemnity basis; (4) Order that the respondents pay the appellant's costs of the summons for leave to appeal and of the appeal but, if otherwise qualified, to have a certificate under the Suitor's Fund Act 1951.

CATCHWORDS: INDUSTRIAL LAW - Construction safety legislation - Liability of head contractor - Head contractor on construction site delegated to sub-contractor part of construction work - Sub-contractor fell from ladder put into place by head contractor - Whether head contractor owed sub-contractor statutory duty of providing safe means of access to place where sub-contractor required to work - Whether head contractor engaged in "building work", and therefore "construction work", for purposes of statutory duty or whether head contractor had fully delegated this work to sub-contractor - Construction Safety Regulations 1950 Reg 73 - DAMAGES - Whether assessment of general damages manifestly inadequate - Future economic loss - Assessment of loss of earning capacity - COSTS - Whether costs should be awarded on indemnity basis.

Construction Safety Act 1912 LEGISLATION CITED: Construction Safety Regulations 1950