NSW Caselaw
New South Wales Supreme Court
CITATION : SIJUK v ILVARIY PTY LIMITED, trading as, CRAFTSMAN HOMES [2010] NSWSC 793
HEARING DATE(S) : 22, 23, 24 and 25 March 2010
JUDGMENT DATE : 12 July 2010
JURISDICTION : Common Law
JUDGMENT OF : Hall J at 1
EX TEMPORE JUDGMENT DATE : 12 July 2010
DECISION : 1. Enter judgment in favour of the plaintiff in the amount of $600,615. 2. Order the defendant to pay the plaintiff's costs.
CATCHWORDS : NEGLIGENCE - liability of builder/occupier to employee of sub-contractor - employee to perform brick cleaning work - fell through hole of gap in the scaffolding which had not been present when inspected three days before - sub-contractor was plaintiff's wife - unsophisticated sub-contracting entity - previous contracts with the defendant - defendant knew plaintiff's wife not experienced in safety aspects of bricklaying work - plaintiff's attendance at site on a Saturday when no other employees present was a practice followed with brick cleaning - whether specific notice given by sub-contractor of plaintiff's intention to attend site - application of s.151Z Workers Compensation Act - defendant 90% - plaintiff contributory negligence 15%
LEGISLATION CITED : Civil Liability Act 2002
PARTIES : MILAN SIJUK v ILVARIY PTY LIMITED, t/as, CRAFTSMAN HOMES
FILE NUMBER(S) : SC 09/297729
COUNSEL : P: G Bateman D: D P O'Dowd
SOLICITORS : P: Martin Bell & Co D: James Tuite & Associates
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
HALL J
MONDAY 12 JULY 2010
No 09/297729
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