Abrahim v Parkview Constructions Pty Limited [2012] NSWSC 1379

Supreme Court New South Wales

Medium Neutral Citation: Abrahim v Parkview Constructions Pty Limited [2012] NSWSC 1379 Hearing dates: 12 to 16 September 2011 & 19 to 23 September 2011 Decision date: 23 November 2012 Jurisdiction: Common Law Before: Adams J Decision: 1. Verdict and judgment in favour of the plaintiff against the first and second defendants as follows: i. non-economic loss - $347,750.00. ii. past out of pocket expenses - $196,732.16. iii. future out of pocket expenses - $336,097.39. iv. past economic loss - $248,200.00. v. interest on past economic loss -$21,533.26. vi. past loss of superannuation -$27,302.00. vii. future economic loss - $628,830.00. viii. future loss of superannuation -$69,171.30. ix. past and future attendant care services - $386,110.57. x. equipment needs - $20,597.88. xi. Fox v Wood - $20,506.21 Total - $2,302,830.77 2. The first and second defendants to pay the plaintiff's costs of the proceedings as agreed or assessed. 3. Judgment in favour of the third defendant against the plaintiff. 4. The plaintiff to pay the third defendant's costs in the proceedings as agreed or assessed. 5. Judgment for the first cross claimant against the first cross defendant on the first cross claim and second cross defendant on the first cross claim. 6. The first and second cross defendants on the first cross claim to pay the first cross claimant's costs as agreed or assessed. 7. Judgment for the second cross defendant on the second cross claim as against the cross claimant on the second cross claim with that cross claimant to pay the second cross defendant's costs as agreed or assessed. 8 Judgment for the second cross defendant to the third cross claim against the cross claim to the third cross claim with that cross claimant to pay the second cross defendant's costs as agreed or assessed. Catchwords: Torts - negligence - duty of care - causation - damages - personal domestic care and assistance - liability of scaffolder and construction company - liability of employer. Legislation Cited: Civil Liability Act 2002 Cases Cited: Adeels Palace v Moubarak [2009] HCA 48 Ilvariy Pty limited v Sijuk [2011] NSWCA 12 Pacific Steel Constructions Pty Limited v Barahona; Jigsaw Property Group Pty Limited v Barhona [2009] NSWCA 406 Category: Principal judgment Parties: Ronnie Abrahim (Plaintiff) Parkview Constructions Pty Limited (First Defendant) Erect Safe Scaffolding (Australia) Pty Limited (Second Defendant) Bluestar Painting Solutions Pty Ltd (Third Defendant) Representation: B Dooley SC & G Hickey (Plaintiff) G Guihot (First Defendant) R A Cavanagh SC & S J Walsh (Second Defendant) HJ Halligan (Third Defendant) Drexler & Partners Lawyers (Plaintiff) A R Conolly & Company (First Defendant) Sydney Law Group (Second Defendant) Hicksons Lawyers (Third Defendant) File Number(s): 2010/18002