Gangi v Boral Resources (NSW) Pty Limited (No 2) [2013] NSWSC 569

Supreme Court New South Wales

Medium Neutral Citation: Gangi v Boral Resources (NSW) Pty Limited (No 2) [2013] NSWSC 569 Hearing dates: 10 April 2012, 4 February 2013, 5 February 2013, 6 February 2013, 7 February 2013, 8 February 2013, 11 February 2013, 12 February 2013, 13 February 2013, 14 February 2013, 15 February 2013, 18 February 2013, 19 February 2013 Decision date: 17 May 2013 Jurisdiction: Common Law Before: Schmidt J Decision: Judgment for Mr Gangi. The parties must undertake the resulting mathematical calculation of damages in accordance with the conclusions which have been reached on the various matters dealt with in the judgment. They should provide short minutes within 21 days. The order should include an order that: All exhibits and subpoenaed material may be returned forthwith; any exhibits returned must be retained intact by the party or person that produced the material until the expiry of the time to file an appeal, or until any appeal has been determined. The usual order as to costs is that they follow the event, which in this case is an order in favour of Mr Gangi, as agreed or assessed. If the parties wish to be heard on costs they should approach. Catchwords: TORTS - negligence - concrete batching plant - plant collapse onto truck - bin collapse - scope of duty of care - whether risk of harm arising from collapse was foreseeable - exposure to significant risk - constructive knowledge of risk - whether risk ought to have been known - systems of work at the plant - how the plant was maintained - deficiencies in systems - bin support structure required maintenance before collapse - bin support system - expert evidence - s 5B Civil Liability Act 2002 - causation - s 5D Civil Liability Act 2002 - reasonable care was required - plaintiff's injuries - credibility - medical records - expert evidence - damages - physical and psychological injuries - economic losses - orders