Le v Heatcraft Australia Pty Ltd and Le v Heatcraft Australia Pty Ltd & Anor [2013] NSWDC 75

District Court New South Wales

Medium Neutral Citation: Le v Heatcraft Australia Pty Ltd and Le v Heatcraft Australia Pty Ltd & Anor [2013] NSWDC 75 Hearing dates: 9 October 2012, 28 February, 1 March 2013 and subsequent written submissions, completed on 27 May 2013 Decision date: 31 May 2013 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1.Proceedings numbered 2007/294694 and 2011/318357 are consolidated into proceedings numbered 2011/318357; 2.Verdict and judgment for the plaintiff in the sum of $1,309,229.82; 3.The defendants are 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 - workplace injury - plaintiff working on assembly production line struck by passing forklift - negligence admitted - whether the Motor Accidents Compensation Act 1999 or Workers' Compensation Act 1987 is the appropriate scheme for assessment of damages - whether contributory negligence by plaintiff - whether reduction of damages required on account of employer's negligence pursuant to s 151Z of Workers' Compensation Act 1987; DAMAGES - assessment of claimed heads of damage Legislation Cited: Civil Liability Act 2002, s 5D, s 5E Employees Liability Act 1991, s 3 Motor Accidents Compensation Act 1999, s 3, s 136, s 141B Workers' Compensation Act 1987, s 151Z Cases Cited: Miller v Galderisi [2009] NSWCA 353 TVH Australasia Pty Ltd v Chaseling [2012] NSWCA 149 Category: Principal judgment Parties: Tan Thanh Le (Plaintiff) Heatcraft Australia Pty Ltd (First defendant) Goran Angelkovski (Second defendant) Representation: Mr A Lidden SC with Mr M Daley (Plaintiff) Mr S Kettle (Defendants) Brydens (Plaintiff) Moray & Agnew (Defendants) File Number(s): 2007/294684 2011/318357 Publication restriction: None