Javor v ACN 096 712 337 Pty Ltd formerly known as Formtec Group Pty Ltd [2012] NSWDC 157

District Court New South Wales

Medium Neutral Citation: Javor v ACN 096 712 337 Pty Ltd formerly known as Formtec Group Pty Ltd [2012] NSWDC 157 Hearing dates: 28 & 29/06/2012, 4 & 13/07/2012 Decision date: 25 September 2012 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1.Verdict for the plaintiff in the sum of $1,021,888; 2.After offsetting from the plaintiff's verdict the defence of payments made to the plaintiff in the sum of $271,952.32, judgment for the plaintiff in the amount of $749,935.68; 3.The defendant is to pay the plaintiff's costs on the ordinary basis, unless otherwise ordered; 4.The exhibits may be returned; 5.Liberty to apply on 7 days notice if further orders are required. [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 - workplace accident - whether plaintiff's employer was negligent - whether there was contributory negligence on part of plaintiff; DAMAGES - assessment of claimed heads of damage Legislation Cited: Civil Liability Act 2002: s 3B, s 5B Uniform Civil Procedure Rules 2005, r. 31.23 Workers' Compensation Act 1987, s 151L Cases Cited: Czatyrko v Edith Cowan University [2005] HCA 14; (2005) 214 ALR 349 Category: Principal judgment Parties: Damir Javor (Plaintiff) ACN 096 712 337 Pty Ltd formerly known as Formtec Group Pty Ltd (Defendant) Representation: Mr F Curran (Plaintiff) Mr H Halligan (Defendant) Carters Law Firm (Plaintiff) Hicksons (Defendant) File Number(s): 2012/104654 Publication restriction: None