Mungekar v Hermes Precisa Pty Ltd [2013] NSWCA 225

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mungekar v Hermes Precisa Pty Ltd [2013] NSWCA 225 Hearing dates: 19 April 2013 Decision date: 19 July 2013 Before: Meagher JA at [1]; Tobias AJA at [19]; Simpson J at [20] Decision: (i) Appeal allowed; (ii) Set aside the orders of the District Court (Hungerford DCJ) made on 10 February 2012; (iii) Judgment for the appellant in the sum of $309,196.33, such judgment to take effect on 10 February 2012; (iv) Respondent to pay the appellant's costs of the trial and of the appeal. [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: DAMAGES - torts - negligence - personal injury - workplace accident - appellant injured by lifting heavy metal plate - whether appellant contributorily negligent - whether appellant had knowledge of risks involved in lifting plate - whether trial judge erred by placing too much weight upon prior injury - system of work - whether trial judge erred in findings with respect to economic loss - whether appellant fit for pre-injury occupation - whether trial judge erred in findings with respect to domestic assistance Legislation Cited: Civil Liability Act 2002 Workers Compensation Act 1987 Cases Cited: Fox v Wood [1981] HCA 41; 148 CLR 438 Graham v Baker [1961] HCA 48; 106 CLR 340 Husher v Husher [1999] HCA 47; 197 CLR 138 Paff v Speed [1961] HCA 14; (1961) 105 CLR 549 Pennington v Norris [1956] HCA 26; 96 CLR 10 Podrebersek v Australian Iron and Steel Pty Ltd [1985] HCA 34; 59 ALJR 492; 59 ALR 529 Category: Principal judgment Parties: Sanjay Mungekar (Appellant) Hermes Precisa Pty Ltd (Respondent) Representation: Counsel: S Norton SC/M Daley (Appellant) M L Williams SC/S E Torrington (Respondent) Solicitors: Brydens Law Office (Appellant) Lee & Lyons (Respondent) File Number(s): 2012/61790 Decision under appeal Jurisdiction: 9101 Date of Decision: 2012-02-10 00:00:00 Before: Hungerford ADCJ File Number(s): 2009/337186