Milich v The Council of the City of Canterbury [2012] NSWSC 59

Supreme Court New South Wales

Medium Neutral Citation: Milich v The Council of the City of Canterbury [2012] NSWSC 59 Hearing dates: 6, 7, 9 & 10 June 2011 Decision date: 23 April 2012 Jurisdiction: Common Law Before: Davies J Decision: 1. The parties should bring in Short Minutes to reflect these reasons. 2. I will hear the parties on the issue of costs. Catchwords: TORTS - negligence - work injury - plaintiff employed by one defendant and hired to another defendant - system of work - whether unsafe - lack of training and instruction - causation - whether all injuries work related - plaintiff assessed at less than 15% whole person impairment - apportionment between employer and entity to whom employees hired. Legislation Cited: Civil Liability Act 2002 Law Reform (Miscellaneous Provisions) Act 1946 Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: Fox v Wood (1981) 148 CLR 438 Gulic v O'Neill [2011] NSWCA 361 Hodge v CSR Limited [2010] NSWSC 27 Jones v Dunkel (1959) 101 CLR 298 Najdovski v Crnojlovic [2008] NSWCA 175; (2008) 72 NSWLR 728 Penrith City Council v Parks [2004] NSWCA 201 Podrebersek v Australian Iron & Steel Pty Ltd (1985) 59 ALR 529 Strong v Woolworths Limited [2012] HCA 5 TNT Australia Limited v Christie [2003] NSWCA 47; (2003) 65 NSWLR 1 Woolworths v Lawlor [2004] NSWCA 209 Category: Principal judgment Parties: Branislav (Bill) Milich (Plaintiff) The Council of the City of Canterbury (First Defendant) Ready Workforce Pty Ltd (Second Defendant) Representation: C T Barry QC & M Boulton (Plaintiff) R Sheldon SC (First Defendant) P O'Connor (Second Defendant) Watkins Tapsell (Plaintiff) DLA Phillips Fox (First Defendant) Holman Webb Lawyers (Second Defendant) File Number(s): 2008/315064