Jones v Dyldam Developments Pty Ltd & Anor [2007] NSWSC 754

New South Wales Supreme Court

CITATION : Jones v Dyldam Developments Pty Ltd & Anor [2007] NSWSC 754

HEARING DATE(S) : 25 June 2007; 26 June 2007; 27 June 2007; 28 June 2007; 29 June 2007

JUDGMENT DATE : 13 July 2007

JURISDICTION : Common Law

JUDGMENT OF : Simpson J

DECISION : 1. Verdict for the plaintiff against the first defendant; 2. Verdict for the plaintiff against the second defendant; 3. The parties are to bring in short minutes of orders to reflect the findings of fact and conclusions herein.

CATCHWORDS : TORT – NEGLIGENCE – personal injury – duty of care – claim for damages – plaintiff injured in the course of employment as bricklayers' labourer – permanent incapacity – apportionment of liability between defendants - DAMAGES – as against the first defendant: non-economic loss – past out of pocket expenses – future out of pocket expenses – past wage loss – past loss of superannuation – future wage loss – future loss of superannuation – Fox v Wood – past domestic assistance – future domestic assistance - DAMAGES – as against the second defendant: past economic loss – future economic loss - PRACTICE AND PROCEDURE – medical evidence – duty of legal representatives – excessive material tendered – costs incurred not to be recoverable

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

BP Australia Pty Ltd v Tarren [2006] NSWCA 305 Forstaff Blacktown Pty Ltd v Brimac Pty Ltd [2005] NSWCA 423; (2005) Aust Torts Reports 81-814 CASES CITED : Heuston v Yore Contractors Pty Ltd, unreported, 9 March 1992 Macarthur Districts Motor Cycle Sportsmen Inc v Ardizzone [2004] NSWCA 145 Maricic v Dalma Formwork (Australia) Pty Ltd [2006] NSWCA 174 Penrith City Council v Parks [2004] NSWCA 201