Telstra Corporation Limited v Frontline Demolition NSW Pty Ltd [2013] NSWDC 241

District Court New South Wales

Medium Neutral Citation: Telstra Corporation Limited v Frontline Demolition NSW Pty Ltd [2013] NSWDC 241 Hearing dates: 4, 5 and 6 November 2013 Decision date: 15 November 2013 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Judgment for the plaintiff against the first defendant in the sum of $54,677.72. (2) Judgment for the plaintiff against the second defendant in the sum of $54,677.73. (3) Costs reserved. Catchwords: NEGLIGENCE - breach of duty to take reasonable care - principal contractor and subcontractor - off-site removal of tree stump - presence of underground services - known to principal contractor - failure to warn - failure to investigate - inappropriate manner of removal - when a person becomes an employee - proportionate liability - apportionment of damage Legislation Cited: Civil Liability Act 2002, s 3B, s 5B, s 34, s 34A Uniform Civil Procedure Rules 2005, r 42.1 Cases Cited: Calliden Insurance Ltd v Fox [2009] HCA 35 Hamilton v Whitehead (1988) 166 CLR 121 Hollis v Vabu Pty Ltd [2001] HCA 44 Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 Tesco Supermarkets Ltd v Nattrass [1972] AC 153 Category: Principal judgment Parties: Telstra Corporation Limited (ACN 051 775 556) (plaintiff) Frontline Demolition NSW Pty Ltd (ACN 124 788 138) (first defendant) Total Construction Pty Ltd (second defendant) Representation: Mr D P O'Dowd (plaintiff) Mr C P O'Neill (first defendant) Mr W Reynolds (second defendant) Sparke Helmore Lawyers (plaintiff) Lee & Lyons (first defendant) HWL Ebsworth Lawyers (second defendant) File Number(s): 2012/135999 Publication restriction: No