Haralambopoulos v Longin [2011] NSWSC 852

Supreme Court New South Wales

Medium Neutral Citation: Haralambopoulos v Longin [2011] NSWSC 852 Hearing dates: 8-9 April, 14 April 2011 Decision date: 28 July 2011 Jurisdiction: Common Law Before: R A Hulme J Decision: Judgment for the plaintiff in a sum to be calculated. The defendant to pay the plaintiff's costs as agreed or assessed. Catchwords: TORTS - negligence - dangerous premises - injuries to persons entering premises - invitees - plaintiff visiting domestic building site - fall through void for proposed stairwell to floor below - no physical barriers in place - whether risk obvious - whether plaintiff not aware of risk - whether contributory negligence - DAMAGES - measure and remoteness of damages in actions for tort - measure of damages - personal injuries - loss of earnings and earning capacity - change in work circumstances - assessment of earnings not based on past earnings but upon basis of that of replacement salesman Legislation Cited: Occupational Health and Safety Regulation 2001 Civil Liability Act 2002 Cases Cited: Francis & Ors v Lewis [2003] NSWCA 152 Husher v Husher [1999] HCA 47; (1999) 197 CLR 138 Najdovski v Crnojlovic [2008] NSWCA 175; (2008) 72 NSWLR 728 Category: Principal judgment Parties: John Haralambopoulos (Plaintiff) Goran Longin (First defendant) Nerina Longin (Second defendant) Representation: Counsel: Mr D Campbell SC with Mr S Longhurst (Plaintiff) Mr D Priestley (Defendants) Solicitors: Carroll & O'Dea (Plaintiff) Lander & Rogers (Defendants) File Number(s): 2010/81460