Hodge v CSR Limited [2010] NSWSC 27

New South Wales Supreme Court

CITATION : Hodge v CSR Limited [2010] NSWSC 27

HEARING DATE(S) : 24-26 November, 1-4 December 2008, 15 December 2009, 2 February 2010

JUDGMENT DATE : 2 February 2010

JURISDICTION : Common Law

JUDGMENT OF : Hislop J

DECISION : (1) Verdict and judgment for the plaintiff against the first defendant in the sum of $533,220.59. (2) Verdict for the plaintiff against the second defendant in the sum of $271,755.32. (3) Judgment for the plaintiff against the second defendant in the sum of $260,901.41. (4) The defendants to pay the plaintiff's costs. (5) Verdict and judgment for the second defendant on its cross claim against the first defendant in the sum of $260,901.41 plus any costs paid by the second defendant to the plaintiff pursuant to the order made in subparagraph 134(4). The first defendant to pay the second defendant's costs of the second defendant's cross claim. (6) Verdict and judgment for the second defendant on the first defendant's cross claim against it. The first defendant to pay the second defendant's costs of that cross claim.

CATCHWORDS : Common law - personal injury - worksite - negligence - damage.

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

CATEGORY : Principal judgment

TNT Australia Pty Ltd v Christie (2003) 65 NSWLR 1 Jones v Dunkel [1959] 101 CLR 298 Czatyrko v Edith Cowan University (2005) 79 ALJR 839 CASES CITED : Pollard v Baulderstone Hornibrook Engineering Pty Ltd [2008] NSWCA 99 Joslyn v Berriman [2003] HCA 34; (2003) 214 CLR 552 Waverley Council v Ferreira [2005] NSWCA 418 Glynn v Challenge Recruitment Australia Pty Ltd [2006] NSWCA 203 Medlin v SGIC [1995[ HCA 5; (1995) 182 CLR 1