DM & BP Wiskich Pty Ltd v Boral Bricks Pty Ltd [2012] NSWDC 145

District Court New South Wales

Medium Neutral Citation: DM & BP Wiskich Pty Ltd v Boral Bricks Pty Ltd [2012] NSWDC 145 Hearing dates: 23, 24, 26, 27/04/2012 & 18/06/2012 Decision date: 13 September 2012 Jurisdiction: Civil Before: Levy SC DCJ Decision: See Paragraph [10] for orders [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: TORTS - negligence - subrogated claim by employer against tort feasor for recovery of workers' compensation payments made to employee pursuant to s 151Z(1)(d) of Workers' Compensation Act 1987 Legislation Cited: Civil Procedure Act 2005, s 100 Workers' Compensation Act 1987, s 151Z(1)(d) UCPR, r 6.12(18) Cases Cited: Cosmidis v Boral Bricks Pty Ltd [2012] NSWDC 144 Category: Principal judgment Parties: DM & BP Wiskich Pty Ltd (Plaintiff) Boral Bricks Pty Ltd (Defendant) Representation: Mr DS Stanton (Plaintiff) Mr N Polin (Defendant) Sparke Helmore (Plaintiff) Davidson Legal (Defendant) File Number(s): 2010/233111 Publication restriction: None

Judgment

Nature of case 1In these proceedings numbered 2010/233111, the plaintiff, DM & BP Wiskich Pty Ltd ["Wiskich"], claims damages from the first defendant, Boral Bricks Pty Limited ["Boral"] pursuant to s 151Z(1)(d) of the Workers' Compensation Act 1987 seeking the recovery of payments of workers' compensation made to Orestis Cosmidis, an employee of Wiskich, in respect of injuries Mr Cosmidis received in a motor vehicle accident, involving a forklift, that occurred on 18 April 2008. 2The injury occurred when Mr Cosmidis was walking on a roadway within industrial land situated at Martin Road, Badgerys Creek, when he was struck from behind by a forklift truck driven by an employee of Boral. At the time the premises were occupied by Boral. The forklift truck was owned by Boral.