NSW Caselaw
Reported Decision : 150 IR 203
New South Wales Supreme Court
CITATION : Naidu v Group 4 Securitas Pty Ltd & Anor [2006] NSWSC 144
HEARING DATE(S) : 24/5/04-28/5/04, 31/5/04-4/6/04, 7/6/04-10/6/04, 24/6/05,1 & 2/9/05
JUDGMENT DATE : 15 March 2006
JURISDICTION : Common Law
JUDGMENT OF : Adams J at 1
DECISION : Judgment for the plaintiff against News Limited for $1,946,189.40 plus indemnity costs; Judgment for the plaintiff against Group 4 Securitas Pty Ltd to be calculated in accordance with the judgment plus indemnity costs.
CATCHWORDS : Psychiatric illness caused by intentional intimidation and humiliation by employee of contractor - plaintiff employed by security firm stationed at contractor's premises - liability of plaintiff's employer - liability of contractor - whether wrongful acts committed in course of employment - claim in tort and breach of contract - whether aggravated damages available against contractor for pre-illness suffering causative of compensable psychiatric illness - whether employer liable in contract for contractor's employee's misconduct - conditions of contract of employment - whether infliction of distress and humiliation breach of contract - whether distress and humiliation falling short of psychiatric illness compensable - whether damages only nominal - exemplary damages - calculation of damages - significance of reduced liability of employer under s151Z Workers Compensation Act 1988 - indemnity costs - need for certainty of offer - whether offeree bound to make usual enquiries of relevant matters
LEGISLATION CITED : Industrial Relations Act 1988 Division 3 of Part 5 and s151Z of the Workers Compensation Act 1987
Addis v Gramophone Co Ltd [1909] AC 488 Baltic Shipping Company v Dillon [1992-1993] 176 CLR 344 Burazin v Blacktown City Guardian (1996) 142 ALR 144 CASES CITED : Grljak v Trivan Pty Limited unreported, NSWCCA 19 April 1996 Morgan v Johnson (1998) 44 NSWLR 578 Silberman v Silberman (1910) 10SR (NSW) 554 at 557 Hunter Area Health Service v Marchlewski & Anor [2000] NSWCA 294 Marinko v Masri [1999] NSWCA 364
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