NSW Caselaw
New South Wales Supreme Court
CITATION : Kendrick v Bluescope Steel (AIS) Pty Ltd & Ors [2007] NSWSC 1288
HEARING DATE(S) : 25.10.06, 26.10.06, 27.10.06, 30.10.06, 31.10.06, 1.11.06, 2.11.06, 3.11.06, 6.11.06, 7.11.06, 8.11.06, 9.11.06, 10.11.06, 13.11.06, 14.11.06, 16.11.06, 17.11.06, 20.11.06, 21.11.06, 22.11.06, 23.11.06, 24.11.06, 27.11.06, 28.11.06, 29.11.06, 30.11.06, 4.12.06, 12.3.07, 13.3.07, 14.3.07, 15.3.07, 16.3.07, 19.3.07, 21.3.07, 22.3.07, 23.3.07, 26.3.07, 30.11.07, 12.12.07, 17.12.07, 19.12.07
JUDGMENT DATE : 21 December 2007
JUDGMENT OF : Hoeben J
DECISION : There will be judgment in favour of the plaintiff against Bluescope Steel in the sum of $16,487,731. It is noted that the plaintiff is liable to repay Bluescope Steel the amount of $5,786,744 on account of its payment of the out-of-pocket expenses and weekly compensation.There will be verdict and judgment in favour of the plaintiff against ASMS in the sum of $16,650,699. There will be judgment in favour of Bluescope Steel against ASMS on its cross-claim in the amount of $8,243,866. There will be judgment in favour of ASMS against Bluescope Steel on its cross-claim in the amount of $8,325,350.
CATCHWORDS : LIABILITY - Negligence of employer and contractor - accident within steelworks between oversize dump truck and domestic vehicle - failure by employer to provide safe system of work - failing to properly co-ordinate movement of traffic within steel works - failure to properly co-ordinate interaction of oversize and domestic vehicles on narrow stretch of road - CAUSATION vicarious liability of contractor for actions of truck driver failure of driver to stop when confronted with potentially dangerous situation - duty of haulage contractor to other drivers within the steelworks - whether breach of duty established - CONTRIBUTORY NEGLIGENCE - apportionment of liability between defendants. - DAMAGES - C5 quadriplegic - future physiotherapy needs - future psychological treatment - future hospitalisation - additional costs for holidays - future care - loss of capacity to care for children - application of s 15B of Civil Liability Act - fund management.
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