Varga v Galea [2011] NSWCA 76

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Varga v Galea [2011] NSWCA 76 Hearing dates: 15 March 2011 Decision date: 04 April 2011 Before: Beazley JA at [1] McColl JA at [2] Handley AJA at [86] Decision: 1. Appeal allowed with costs. 2. Set aside Order 1 in the verdict and judgment for the plaintiff entered on 12 May 2010; 3. In lieu of Order 1, substitute verdict and judgment for the appellant in the sum of $633,799 with effect from 22 March 2010; 4. Respondents to have a certificate under the Suitors Fund Act 1951 (NSW); 5. Cross appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: NEGLIGENCE - employer's liability - causation - employee working on top of wall while resting one foot on scissor lift - employee injured because of negligent operation of concrete pouring boom causing him to be thrown over wall from which metal bars protruding then falling to ground - no safety harness provided - no evidence whether in circumstances of the accident safety harness a reasonably practicable precaution - whether causation established -

CONTRIBUTION - joint or several tortfeasors - third party recovery from employer of injured worker - injured worker director and shareholder of employer company - s 151Z(2) Workers Compensation Act 1987 (NSW) -