Penrith City Council v East Realisations Pty Ltd (in liquidation) [2013] NSWCA 64

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Penrith City Council v East Realisations Pty Ltd (in liquidation) [2013] NSWCA 64 Hearing dates: 7 March 2013 Decision date: 04 April 2013 Before: McColl JA at [1]; Meagher JA at [15]; Tobias AJA at [16] Decision: Appeal dismissed with costs. [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 - claim for indemnity under Workers Compensation Act 1987 s 151Z - negligence - near collision between bus and vehicle causing injury to worker as passenger on bus - whether primary judge ought to have drawn an inference that the driver of the car negligently stopped in the intersection - whether incorrectly restricted bus driver's duty of care as limited to avoiding a collision and consequently failed correctly to identify risk of injury - whether failed to give any or sufficient weight to evidence of speed of bus and knowledge of conditions of bus driver - whether primary judge erred in requiring identification of owner and insurer of actual bus and not fleet of buses for purposes of Motor Accidents Compensation Act 1999 (NSW), s 34(1) Legislation Cited: Australian Road Rules Motor Accidents Compensation Act 1999 Criminal Procedure Act 1986 Road Transport (Safety and Traffic Management) Act 1999 Road Rules 2008 Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999 Workers Compensation Act 1987 Cases Cited: Derrick v Cheung [2001] HCA 48; (2001) 181 ALR 301 Henwood v Municipal Tramways Trust (SA) [1938] HCA 35; (1938) 60 CLR 438 Holloway v McFeeters [1956] HCA 25; (1956) 94 CLR 470 John L Pty Ltd v Attorney-General for the State of New South Wales [1987] HCA 42; (1987) 163 CLR 508 Kirk v Industrial Relations Commission of New South Wales [2010] HCA 1; (2010) 239 CLR 531 Kollas v Scurrah [2008] NSWCA 17 Luxton v Vines [1952] HCA 19; (1952) 85 CLR 352 Nominal Defendant v Meakes [2012] NSWCA 66 State of New South Wales v Nominal Defendant [2004] NSWCA 328 Sharpe v Gordon [2006] NSWCA 347 Sibley v Kais [1967] HCA 43; (1967) 118 CLR 424 Category: Principal judgment Parties: Penrith City Council (Appellant) East Realisations Pty Ltd (in liquidation) (First Respondent) Nominal Defendant (Submitting appearance) (Second Respondent) Representation: Counsel: D Russell SC with P Khandhar (Appellant) R Cavanagh SC (First Respondent) J Catsanos (Second Respondent) Solicitors: Turks Legal (Appellant) Vardanega Roberts (First Respondent) Holman Webb (Second Respondent) File Number(s): CA104380 of 2012 Decision under appeal Citation: [2012] NSWDC 18 Date of Decision: 2012-03-07 00:00:00 Before: Levy DCJ File Number(s): DC336531 of 2009