Dargham v Kovacevic [2011] NSWSC 2

Supreme Court New South Wales

Medium Neutral Citation: Dargham v Kovacevic [2011] NSWSC 2 Hearing dates: 22, 23, 24, 25 February, 27, 28, 29, 30 April, 28, 31 May, 1, 3, 4 June 2010 Decision date: 31 January 2011 Jurisdiction: Common Law Before: Hislop J Decision: 1. Judgment for the first defendant against the plaintiff. 2. The plaintiff's claim against the second defendant is dismissed. 3. Judgment for the plaintiff against the third defendant in the sum of $206,382.11. 4. Declare the first cross defendant on the first cross claim is liable to indemnify the first cross claimant in respect of his liability in these proceedings. 5. Judgment for the third cross defendant on the first cross claim. 6. All questions of costs are reserved pending written submissions by the parties. Such submissions to be served by 4.00pm on 14 February 2011 with replies by 4.00 pm on 28 February 2011. Catchwords: Common law - personal injury - construction site accident - liability for subcontractor - damages - insurance. Legislation Cited: Workplace Injury Management and Workers Compensation Act 1998 Civil Liability Act 2002 Home Building Act 1989 Workers Compensation Act 1987 Occupational Health and Safety Act 2001 Insurance Contracts Act 1984 Cases Cited: Leighton Contractors Pty Limited v Fox [2009] HCA 35; (2009) 83 ALJR 1086 Stevens v Brodribb Sawmilling Co Pty Limited [1986] HCA 1; (1986) 160 CLR 16 Hill v Forrester [2010] NSWCA 170 The Committee for the Time Being of the Casino Show Society v Norris (1984) 3 ANZ Ins Cas 60-580 Kim v Cole [2002] QCA 176 Australian Iron and Steel Pty Limited v Luna (1969) 123 CLR 305 at 310 Legal and General Insurance Australia Limited v Eather (1986) 6 NSWLR 390 Fraser v BN Furman (Productions) Limited [1967] 1 WLR 898 Category: Principal judgment Parties: Fadi Dargham (Plaintiff) Radovan Kovacevic (1st Defendant/Cross Claimant (Second Cross Claim)) Nutalab Construction Pty Limited (2nd Defendant) Sibin Djuric (3rd Defendant/Cross Claimant (First Cross Claim)) Mechanical and Construction Insurance Pty Limited t/as Mecon Insurance (1st Cross Defendant (First Cross Claim)/Cross Defendant (Second Cross Claim) Jabbour James Marroun (2nd Cross Defendant (First Cross Claim)) Nathanael Celik (3rd Cross Defendant (First Cross Claim)) Representation: D.E. Baran (Plaintiff) A. Kostopoulos (1st Defendant/Cross Claimant (Second Cross Claim)) S. Torrington (3rd Defendant/Cross Claimant (First Cross Claim)) R. Sweet (3rd Cross Defendant (First Cross Claim)) J.C. Sheller (1st Cross Defendant (First Cross Claim)/Cross Defendant (Second Cross Claim) Stephen Smart & Associates (Plaintiff) Russell C. Byrnes (1st Defendant/Cross Claimant (Second Cross Claim)) Carneys Lawyers (3rd Defendant/Cross Claimant (First Cross Claim)) Stojanovic Solicitors (3rd Cross Defendant (First Cross Claim)) William Roberts Lawyers (1st Cross Defendant (First Cross Claim)/Cross Defendant (Second Cross Claim) File Number(s): 2009/297474