NSW Caselaw
New South Wales Court of Appeal
CITATION: Hanson Construction Materials Pty Limited v Tawhai [2010] NSWCA 55
HEARING DATE(S): 9 December 2009
JUDGMENT DATE: 1 April 2010
JUDGMENT OF: Hodgson JA at 1; Basten JA at 80; Sackville AJA at 83
(1) Appeal allowed. DECISION: (2) Cross-appeal dismissed. (3) Hanson to bring in short minutes of order within twenty-eight days, or if short minutes of order are not agreed, to bring in its proposed short minutes with submissions, with submissions from the other parties to be provided within a further fourteen days.
CATCHWORDS: TORT – Negligence – Duty of care owed by entity to whom a worker was hired out – Whether breach of duty established – Apportionment of liability between that entity and another tortfeasor. - APPEAL – Fresh evidence – Matter falling within area of uncertainty where trial judge's estimate made – Not admitted to support ground of appeal – Other grounds of appeal made out, and evidence admitted to assist Court of Appeal to reassess damages. - DAMAGES – Future economic loss – Trial judge's assessment based on current earnings, which were in excess of what it was likely that the plaintiff would have earned but for the injury – Error shown – Civil Liability Act 2002 s13.
Civil Liability Act 2002 s13 Law Reform (Miscellaneous Provisions) Act 1946 s5 LEGISLATION CITED: Motor Accidents Compensation Act 1999 Uniform Civil Procedure Rules 51.2, and also UCPR 51.18(1)(f) Workers Compensation Act 1987 s151Z
CATEGORY: Principal judgment
Ace-Semi Trailer Sales Pty Limited v Zurich Australia Insurance Limited [2009] NSWCA 381 Andrews v Nominal Defendant (1962) 63 SR(NSW) 110 Doherty v Liverpool Hospital (1991) 22 NSWLR 284 Estate of Mutton v Howard Haulage Pty Limited [2007] NSWCA 340 CASES CITED: Mulholland v Mitchell [1971] AC 666 at 679-80 Podrebersek v Australian Iron and Steel Pty Limited [1985] HCA 34; (1985) 59 ALJR 492 Radnedge v Government Insurance Office of NSW (1987) 9 NSWLR 235 Roads and Traffic Authority (NSW) v Turner [2008] NSWCA 48 TNT Australia Pty Limited v Christie [2003] NSWCA 47; (2003) 65 NSWLR 1 Warr v Santos [1973] 1 NSWLR 432
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