Miskovic v Stryke Corporation Pty Ltd trading as KSS Security [2010] NSWSC 128

New South Wales Supreme Court

CITATION : Miskovic v Stryke Corporation Pty Ltd trading as KSS Security [2010] NSWSC 128

HEARING DATE(S) : 25 May 2009-29 May 2009, 1 June 2009-2 June 2009

JUDGMENT DATE : 19 April 2010

JURISDICTION : Common Law

JUDGMENT OF : Rothman J

(i) Judgment for the defendant against the plaintiff;

(ii) Judgment for the cross-defendant on the cross-claim;

DECISION : (iii) The plaintiff shall pay 80% of the costs of the defendant of and incidental to these proceedings, as agreed or assessed;

(iv) The cross-claimant/defendant shall pay the costs of the cross-defendant of and incidental to these proceedings, as agreed or assessed;

(v) The parties be granted leave to seek any different or special order for costs within 14 days of the date hereof and to seek a full assessment of the damages that, but for the determination on liability, would have been awarded.

CATCHWORDS : NEGLIGENCE – psychiatric injury – overwork in employment – security industry – causation – duty of care – no foreseeable risk of sustaining a recognisable psychiatric injury, which was not far-fetched or fanciful – want of care as to regular welfare checks – not causative of injury - TRADE PRACTICES – s 53B of Trade Practices Act 1974 (Cth) – no relevant conduct liable to mislead – query whether representation that forms part of contract of employment can amount to contravention of section - INSURANCE – indemnity for liability for injury to worker not cover damages for contravention of s 53B of Trade Practices Act 1974 (Cth)

LEGISLATION CITED : Civil Liability Act 2002 Trade Practices Act 1974 (Cth)

CATEGORY : Principal judgment