PERRETT v SYDNEY HARBOUR FORESHORE AUTHORITY; WINE & VINE PERSONNEL PTY LTD v SYDNEY HARBOUR FORESHORE AUTHORITY [2009] NSWSC 1026

New South Wales Supreme Court

CITATION : PERRETT v SYDNEY HARBOUR FORESHORE AUTHORITY; WINE & VINE PERSONNEL PTY LTD v SYDNEY HARBOUR FORESHORE AUTHORITY [2009] NSWSC 1026 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 18-22 May 2009

JUDGMENT DATE : 30 September 2009

JURISDICTION : Common Law

JUDGMENT OF : McCallum J

In proceedings 20429/06: (1) That there be a verdict and judgment in favour of the plaintiff in the sum of $735,667.07. DECISION : (2) That the defendants pay the plaintiff's costs of the proceedings. In proceedings 20528/08: (1) That there be judgment for the plaintiff in the sum of $223,308.93.

CATCHWORDS : PRACTICE AND PROCEDURE – pleadings – whether statutory and common law defences to negligence adequately pleaded - NEGLIGENCE – breach – whether owner and/or occupier negligent where stairs not clearly delineated – whether placement of sign contributed to risk of the plaintiff failing to notice stairs - NEGLIGENCE – whether risk was an obvious risk – whether obviousness of risk under s 5F of the Civil Liability Act is relevant to questions of breach of duty under the common law – whether a finding that the risk was obvious precludes a finding of liability in negligence - NEGLIGENCE – defences – voluntary assumption of risk - NEGLIGENCE – defences – s 5H defence – no proactive duty to warn of obvious risk – whether risk was obvious - NEGLIGENCE – defences – s 5I defence – whether risk was an inherent risk - NEGLIGENCE – defences – s 5K defence – whether activity engaged in was a dangerous recreational activity - NEGLIGENCE – defences – contributory negligence – whether plaintiff contributed to harm by contributory negligence - WORKER'S COMPENSATION – whether employer entitled to indemnity from tortfeasor – whether employer entitled to interest on workers compensation payments made to plaintiff