Peter Richardson v Mirvac Constructions Pty Limited [2012] NSWDC 204

District Court New South Wales

Medium Neutral Citation: Peter Richardson v Mirvac Constructions Pty Limited [2012] NSWDC 204 Decision date: 11 July 2012 Before: Cogswell SC DCJ Decision: Verdict and judgment for the plaintiff against all defendants in the sum of $750,000. Catchwords: Negligence - project home balustrade gave way - personal injury - severe back injury requiring surgery, ongoing disability - parties: project home builder, staircase manufacturer, balustrade installer - responsibility for negligence of independent contractor - nature of duties owed by each defendant - question of inspection of work of subcontractors - balustrade affixed with gun driven nails - limitation of action - claim in contract against first defendant statute barred - limitation period for the cause of action against third defendant extended - damages - construction of s 50C and 50D of the Limitation Act 1969 - apportionment of responsibility and damages. Legislation Cited: Civil Liability Act 2002, s5D and s5E. Limitation Act 1969, s14, s50A, s50C, s50D, s50E, s60D and s60E. Cases Cited: Argyropoulos v Layton [2002] NSWCA 183 Leichhardt Municipal Council v Montgomery [2007] HCA 6; (2007) 230 CLR 22 New South Wales v Gillett [2012] NSWCA 83. Category: Principal judgment Parties: Peter Richardson (Plaintiff) Mirvac Constructions Pty Limited (First defendant) WB Jones Staircase and Handrail Pty Limited (Second defendant) JMKG Pty Limited (Third defendant) Representation: Counsel: Mr MG Gilbert (Plaintiff) Mr J Catsanos (First defendant) Mr RA Cavanagh SC (Second defendant) Mr PJ Gow (Third defendant) Solicitors: Mr BA Pierce (Plaintiff) Mr A Oag (First defendant) File Number(s): DC 2009/337542