Ralston v Bell & Smith trading as Xentex Patch & Grout [2010] NSWSC 245

New South Wales Supreme Court

CITATION : Ralston v Bell & Smith trading as Xentex Patch & Grout [2010] NSWSC 245

HEARING DATE(S) : 20-30 April, 1 May, 1-3 September 2009, 3 March 2010.

JUDGMENT DATE : 31 March 2010

JURISDICTION : Common Law Division

JUDGMENT OF : Hislop J

DECISION : (1) Judgment in favour of the plaintiff against the first defendants for $632,357.53. (2) Judgment in favour of the second defendant. (3) Judgment in favour of the third defendants. (4) Judgment in favour of the plaintiff against the fourth defendant for $632,357.53. (5) Judgment in favour of the fifth defendant. (6) First, second, third, fourth, sixth, seventh and eighth cross claims dismissed. (7) In respect of the fifth cross claim, order: (a) First cross defendants to the fifth cross claim to indemnify the fifth cross claimant/fourth defendant as to 75% of the verdict against it. (b) Fifth cross claim dismissed as against the second and third cross defendants to fifth cross claim. (8) In respect of the ninth cross claim: declare that the ninth cross defendant, GIO General Limited, is liable to indemnify the first defendants pursuant to the policy of insurance, Policy No. AP7KO00379, in respect of their liability (including the first defendants' costs) in these proceedings. (9) Reserve all questions of costs pending submissions by the parties.

CATCHWORDS : Common law - personal injury - construction site - liability - damages.

Motor Accidents Compensation Act, 1999 Civil Liability Act, 2002 Workplace Injury Management and Workers Compensation Act, 1998 LEGISLATION CITED : Workers Compensation Act, 1987 Occupational Health and Safety Act, 2000 Insurance Contracts Act Law Reform (Miscellaneous Provisions) Act, 1946