NSW Caselaw
New South Wales Supreme Court
CITATION : SIJUK v ILVARIY PTY LIMITED, trading as, CRAFTSMAN HOMES [2010] NSWSC 354
HEARING DATE(S) : 22, 23, 24 and 25 March 2010
JUDGMENT DATE : 29 April 2010
JURISDICTION : Common Law
JUDGMENT OF : Hall J at 1
DECISION : The defendant is liable in negligence to the plaintiff for breach of duty - unsafe scaffolding. Plaintiff's employer notionally liable (10%); Defendant liable (90%); Plaintiff 15% contributory negligent.
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%
Civil Liability Act 2002 LEGISLATION CITED : Occupational Health and Safety Act 2000 Occupational Health and Safety Regulation 2001 Workers Compensation Act 1987
Australian Iron & Steel Pty Limited v Luna (1969) 123 CLR 305 Consolidated Broken Hill Limited v Edwards [2005] NSWCA 380 Eastside Scaffolding v Kazic [2008] NSWCA 146 Grljak v Trivan Pty Limited (1994) 35 NSWLR 82 Joslyn v Berryman [2003] HCA 34; (2003) 214 CLR 552 CASES CITED : Pollard v Baulderstone Hornibrook Engineering Pty Limited [2008] NSWCA 99 Maricic v Dalma Formwork (Australia) Pty Limited [2006] NSWCA 174 O'Connor v S P Bray Limited (1937) 56 CLR 464 Thompson v Woolworths (Queensland) Pty Limited [2005] HCA 19; (2005) 221 CLR 234 TNT Australia Pty Limited v Christie [2003] NSWCA 47; (2003) 65 NSWLR 1 Waverley Council v Ferreira [2005] NSWCA 418; (2005) Aust Torts Reports 81-818 Wynn Tresidder Management v Barkho [2009] NSWCA 149
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