NSW Caselaw
New South Wales Court of Appeal
CITATION: Mimica v Multiplex Constructions Pty Ltd [2005] NSWCA 138
HEARING DATE(S): 4 February 2005
JUDGMENT DATE: 3 May 2005
JUDGMENT OF: Mason P at 1; Handley JA at 67; McColl JA at 68
DECISION: Appeal dismissed with costs
CATCHWORDS: NEGLIGENCE - appeal - no question of principle - ND
LEGISLATION CITED: Motor Accidents Act 1988
Coulton v Holcombe (1986) 162 CLR 1 CASES CITED: Fox v Percy (2003) 214 CLR 118 Rosenberg v Percival (2001) 205 CLR 343
Ivan Mimica (Appellant) PARTIES: Multiplex Constructions Pty Ltd (Respondent)
FILE NUMBER(S): CA 40585/03
M J Cranitch SC/A G Jamieson (Appellant) COUNSEL: D B McGovern SC/S P W Glascott (Respondent)
Carters Law Firm (Appellant) SOLICITORS: Phillips Fox (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 734/00
LOWER COURT JUDICIAL OFFICER: Gamble ADCJ
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40585/03
MASON P HANDLEY JA McCOLL JA
3 MAY 2005 MIMICA v MULTIPLEX CONSTRUCTIONS PTY LTD CATCHWORDS
NEGLIGENCE – appeal – no question of principle FACTS
The appellant sued the respondent in the District Court for damages. While working at a construction site, the appellant was struck by a forklift while walking up a ramp. The District Court judge awarded damages for past economic loss, but dismissed his claim for continuing economic loss and non-economic loss.
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