Martin Geyer v Redeland Pty Limited t/as Barbehire and Sydney Site Services Pty Ltd [2012] NSWSC 245

Supreme Court New South Wales

Medium Neutral Citation: Martin Geyer v Redeland Pty Limited t/as Barbehire and Sydney Site Services Pty Ltd [2012] NSWSC 245 Hearing dates: 14, 15 and 16 June 2011 Decision date: 21 March 2012 Jurisdiction: Common Law Before: Rothman J Decision: (i) Judgment for the defendants; (ii) Proceedings dismissed; (iii) The plaintiff pay the costs of the first and second defendants as agreed or assessed; and (iv) Liberty to approach to each party for any special or different order as to costs. Catchwords: TORTS - personal injury - negligence - work accident on stairs - third party liability - factual issue only - inability to identify negligent party - limitation of action - action within time - damages discussed - no issue of principle. Legislation Cited: Civil Liability Act 2002 Evidence Act 1995 Limitation Act 1969 Workers' Compensation Act 1987 Cases Cited: Building Workers Industrial Union v Odco Pty Ltd [1991] FCA 87; 29 FCR 104 Australian Mutual Provident Society v Chaplin subnom Australian Mutual Provident Society v Allan (1978) 52 ALJR 407 Baker-Morrison v State of New South Wales [2009] NSWCA 35 Fox v Wood [1981] HCA 41, (1981) 148 CL 438 Hollis v Vabu Pty Ltd [2001] HCA 44; (2001) 207 CLR 21 Podrebersek v Australian Iron & Steel Pty Ltd [1985] HCA 34, (1985) 59 ALJR 492 Sweeney v Boylan Nominees (2006) 226 CLR 161 Wood v R [2012] NSWCCA 21 Texts Cited: WorkCover Guides for the Evaluation of Permanent Impairment (3rd edition) American Medical Association Guides (fifth edition) Category: Principal judgment Parties: Martin Geyer (plaintiff) Redeland Pty Limited T/AS Barbehire (first defendant) Sydney Site Services Pty Limited (second defendant) Representation: Counsel Mr M J Cranitch SC and Mr A D Campbell (for the plaintiff) Mr R A Cavanagh SC (for the first defendant) Mr P R Stockley (for the second defendant) Solicitors Carro & Associates (for the plaintiff) Curwoods Lawyers (for the first defendant) Goldbergs Lawyers Pty Ltd (for the second defendant) File Number(s): 2009/336120