Kos v Dolso Constructions Pty Ltd & Ors [2006] NSWSC 1075

New South Wales Supreme Court

CITATION : Kos v Dolso Constructions Pty Ltd & Ors [2006] NSWSC 1075

HEARING DATE(S) : 09/10/2006, 10/10/2006, 11/10/2006

JUDGMENT DATE : 13 October 2006

JUDGMENT OF : Hoeben J at 1

DECISION : I enter judgment in favour of the plaintiff against Dolso in the sum of of $885,775.00.; Leave is granted to Dolso to deduct from the plaintiff's judgment the amount of compensation paid to or on his behalf by Proform/Allianz Workers Compensation (NSW) and to pay that amount directly to Proform/Allianz Workers Compensation (NSW), such payment to be taken as part satisfaction of the plaintiff's judgment and to be compliance with the plaintiff's obligation pursuant to para 5(b) of the Terms of Settlement filed with the Court on 10 October 2006.; Dolso is to pay the plaintiff's costs as agreed or as assessed.

CATCHWORDS : Industrial accident - building site - claim against employer - negligence and breaches of Construction Safety Act 1912 - whether plaintiff had residual earning capacity - damages for economic loss and loss of earning capacity.

Construction Safety Act 1912 LEGISLATION CITED : Motor Accident Compensation Act 2000 Workers Compensation Act 1987

CASES CITED : McLean v Tedman (1984) 155 CLR 306 Wyong Shire Council v Shirt (1980) 146 CLR 40

Branko Kos - Plaintiff PARTIES : Dolso Constructions Pty Limited - First Defendant Leighton Contractors Pty Limited - Second Defendant Proform Systems Pty Limited - Cross-Defendant

FILE NUMBER(S) : SC 20911/2001

B Toomey QC/M McAuley - Plaintiff COUNSEL : J Jobson - First Defendant J Catsanos - Second Defendant J Sharpe - Cross-Defendant