Opoku v P & M Quality Smallgoods P/ L & others Opoku v Kaybron No 6 P/L [2012] NSWSC 478

Supreme Court New South Wales

Medium Neutral Citation: Opoku v P & M Quality Smallgoods P/ L & others Opoku v Kaybron No 6 P/L [2012] NSWSC 478 Hearing dates: 30 April 2012; 1 - 4 May 2012 Decision date: 14 May 2012 Jurisdiction: Common Law Before: Adamson J Decision: (1) Direct the parties to deliver to my chambers short minutes of order within seven days which reflect these reasons. (2) Stand the matter over for the making of the orders referred to in Order 1 above, and, in the absence of agreement between the parties, submissions on costs. Catchwords: TORT - negligence - claim for work injury damages under Workers Compensation Act - duty of care - employer's non-delegable duty of care to provide safe system of work - where employer claims no capacity to discharge its duty of care by reason of corporate arrangement - contributory negligence - apportionment between joint and several tortfeasors - contribution and/or indemnity between joint and several tortfeasors LIMITATION - discoverable fact - whether the plaintiff was required to take steps to confirm the true identity of his employer Legislation Cited: - Workers Compensation Act 1987 - Civil Liability Act 2002 - Limitation Act 1969 - Civil Liability Amendment Act 2008 Cases Cited: - Leighton Contractors Pty Limited v Fox [2009] HCA 35; 240 CLR 1 - Kondis v State Transport Authority [1984] HCA 61; 154 CLR 672 - TNT Australia Limited v Christie [2003] NSWCA 47; 65 NSWLR 1 - Andar Transport Pty Limited v Brambles Limited [2004] HCA 28; 217 CLR 424 - Unilever Australia Limited v Pahi [2010] NSWCA 149 - J Blackwood & Son v Skilled Engineering [2008] NSWCA 142 - Valley Council v Macpherson [2011] NSWCA 422 - Thompson v Woolworth's (Queensland) Pty Limited [2005] HCA 19; 221 CLR 234 - Bankstown Foundry Pty Limited v Braistina [1986] HCA 20; 160 CLR 301 - Podrebersek v Australian Iron & Steel Pty Ltd [1985] HCA 34; 59 ALJR 492 - Bostik Australia Pty Limited v. Liddiard [2009] NSWCA 167 - Ramsay v Watson [1961] HCA 65; 108 CLR 642 - Paric v John Holland [1985] HCA 58; 59 ALJR 844 - Kempsey District Hospital v Thackham (1995) 36 NSWLR 492 Category: Principal judgment Parties: In proceedings 316304 of 2008: Kofi Opoku (Plaintiff) P & M Quality Smallgoods Pty Limited (First Defendant) Kaybron No. 15 Pty Limited (Second Defendant) Kaybron No. 17 Pty Limited (Third Defendant) Trustees of the Homebush Unit Trust (Fourth Defendant) In proceedings 333604 of 2009: Kofi Opoku (Plaintiff) The Nominal Insurer by its agent QBE Workers Compensation (NSW) Pty Limited Representation: Counsel: K Andrews/S Thornton (Plaintiff) M Williams SC/P Perry (1st and 4th Defendants) J Dodd (The Nominal Insurer by its agent QBE Workers Compensation (NSW) Pty Limited) Solicitors: NSW Compensation Lawyers (Plaintiff) HWL Ebsworth (1st and 4th Defendants) Kayden Boriss (The Nominal Insurer by its agent QBE Workers Compensation (NSW) Pty Limited) File Number(s): 2008/316304; 2009/333604;