Hill & Anor v Richards [2011] NSWCA 291

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hill & Anor v Richards [2011] NSWCA 291 Hearing dates: 25 August 2011 Decision date: 27 September 2011 Before: Giles JA at [1], Campbell JA at [64], Handley AJA at [65] Decision: 1. Appeal allowed in part. 2. Set aside the verdict and judgment for the plaintiff for $462,508 and in lieu thereof verdict and judgment for the plaintiff for $346,881. 3. No order as to 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 - member of shearing team - back injury in course of shearing operations - whether injury because slipped on stairs in shearing shed - trial judge's affirmative finding upheld - whether owner of shearing shed breached duty of care in failing to have non-slip strip on stairs -owners of shed had followed WorkCover guide - stairs complied with relevant standards - but evidence of particular risk factors - failure to address through principles in Civil Liability Act - but exercise of reasonable care required non-slip strip. APPORTIONMENT - employer also breached duty of care - whether trial judge's apportionment for purposes of s 151Z Workers Compensation Act appealably erroneous - apportionment varied. Legislation Cited: Workers Compensation Act 1987 Cases Cited: Davis v Wagga Wagga City Council [2004] NSWCA 34; (2004) 4 DDCR 358; Fox v Percy [2003] HCA 22; (2003) 214 CLR 118; Gett v Tabet [2009] NSWCA 76; (2009) 254 ALR 504; Kappadoukas v Fransepp Pty Ltd [2006] NSWCA 366; Mastronardi v State of New South Wales [2009] NSWCA 270; Podrebersek v Australian Iron & Steel Pty Ltd (1985) 59 ALR 529; Rhesa Shipping Co SA v Edmunds (1985) 1 WLR 948; Sheridan v Borgmeyer [2006] NSWCA 201; Wilson v Nilepac Pty Ltd [2011] NSWCA 63; Wyong Shire Council v Shirt (1980) 146 CLR 40; Yarrabee Coal Co Pty Ltd v Lujans [2009] NSWCA 85; (2009) 53 MVR 187. Category: Principal judgment Parties: Tony Hill - First Appellant Diana Hill - Second Appellant Mark Justin Richards - First Respondent Representation: I Roberts SC & G Parker - Appellants K Rewell SC & R Harrington - Respondent Pogson Cronin, Lavington - Appellants Stacks, Taree - Respondent File Number(s): CA 2009/296837 Decision under appeal Citation: Richards v Hill & Hill [2010] NSWSC 949 Date of Decision: 2010-09-24 00:00:00 Before: Studdert AJ File Number(s): SC 20648/09