Saab v Lecan Constructions Pty Limited (In Liquidation) [2006] NSWSC 17

New South Wales Supreme Court

CITATION : Saab v Lecan Constructions Pty Limited (In Liquidation) [2006] NSWSC 17

HEARING DATE(S) : 5/7/05, 6/7/05, 7/7/05, 8/7/05

JUDGMENT DATE : 3 February 2006

JUDGMENT OF : Bell J at 1

DECISION : 1. Verdict and judgment for the defendant; 2. Verdict and judgment for the cross-defendant on the cross-claim; 3. The plaintiff is to pay the defendant's costs; 4. The cross-claimant is to pay the cross-defendant's costs.

Civil Liability Act 2002 (NSW) LEGISLATION CITED : Law Reform (Miscellaneous Provisions) Act 1946 Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW)

Peter Saab (Plaintiff) PARTIES : Lecan Constructions Pty Limited (In Liquidation) (Defendant) City Formwork Constructions Pty Limited (In Liquidation) (Cross-Defendant)

FILE NUMBER(S) : SC 20093/04

P. R. Hennessy SC / E G Romaniuk (Plaintiff) COUNSEL : S.E. Torrington (Defendant) L. King SC (Cross-Defendant)

Keddies Solicitors (Plaintiff) SOLICITORS : Johnstone Robinson Legal (Defendant) Blake Dawson Waldron (Cross-Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BELL J

Friday 3 February 2006

20093/04 Peter Saab v Lecan Constructions Pty Limited (In Liquidation) (ABN 66 003 919 257)

JUDGMENT

Introduction

1 BELL J: This is a claim for damages for personal injuries arising out of an incident that is said to have occurred on 8 November 2001 at a construction site located at Lot 98 Saunders Street, Pyrmont (the site). The plaintiff was employed by City Formwork Constructions Pty Limited (in liquidation) (City Formwork), a company of which he was the sole director. City Formwork was providing formwork construction services at the site. The proceedings are brought against, Lecan Constructions Pty Limited (in liquidation) (Lecan), which is said to have been the building contractor responsible for the care, control and management of the site. 2 Causes of action are pleaded in negligence and contract. The proceedings were commenced on 25 March 2004 and are subject to the provisions of the Civil Liability Act 2002 (NSW).