Worldon v Schofield & Ors [2014] NSWDC 11

District Court New South Wales

Medium Neutral Citation: Worldon v Schofield & Ors [2014] NSWDC 11 Hearing dates: 6, 7 and 17 March 2014 Decision date: 19 March 2014 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1.On the first question posed for separate determination, that at the time of the plaintiff's injury the territory of connection of the plaintiff's employment was the ACT; 2.On the second question posed for separate determination, verdict for the plaintiff on the issue of the negligence of Andrew Schofield and Bradley Smith, trading as Schofield Fencing; 3.On the third question posed for separate determination, the defendants have failed to establish any contributory negligence on the part of the plaintiff; 4.The defendants are to pay the plaintiff's costs incurred in connection with the determination of the separate questions, such costs to be paid on the ordinary basis, unless otherwise ordered; 5.During the current sittings of the Court in Wollongong the parties are to bring short minutes for the appropriate procedural directions now required in order to advance the next phase of the proceedings to finality; 6.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 - plaintiff resident in NSW injured in workplace injury in ACT - determination of separate questions concerning alleged negligence of employer and alleged contributory negligence of plaintiff; CONFLICT OF LAWS - choice of law determined by question of whether territory of connection of plaintiff's employment was NSW or ACT Legislation Cited: Civil Law (Wrongs) Act 2002 (ACT), s 43, s 45 Civil Liability Act 2002 (NSW) s 5B, s 5D Workers' Compensation Act 1951 (ACT), Pt 4.2A, s 36A, s 36B Workers' Compensation Act 1987 (NSW) Cases Cited: Avon Products Pty Limited v Falls [2010] ACTCA 21 Bankstown Foundry Pty Ltd v Braistina [1986] HCA 20; (1986) 160 CLR 301 Ellis v Weldcraft Engineering ACT Pty Ltd and Construction Control Holdings Pty Ltd [2011] ACTSC 164 Hanns v Greyhound Pioneer Australia Ltd [2006] ACTSC 5 Martin v RJ Hibbens Pty Ltd [2010] NSWWCCPD 83 Modbury Triangle Shopping Centre Pty Ltd v Anzil [2000] HCA 61; 205 CLR 254, at [13] per Gleeson CJ Ruskic v Greenwich Contractors Pty Limited [2013] ACTSC 263 Vairy v Wyong Shire Council [2005] HCA 62; (2005) 223 CLR 442 Weir Services Australia Pty Ltd v Allianz Australia Insurance Limited [2013] NSWSC 26 Wyong Shire Council v Shirt [1980] HCA 12; (1980) 146 CLR 40 Category: Principal judgment Parties: Craig Worldon (Plaintiff) Andrew James Schofield & Bradley James Smith t/as Schofield Fencing (First defendants) Workers Compensation Default Insurance Fund Manager (Second defendant - 2010/257553) Workers Compensation Nominal Insurer (Second defendant - 2013/165459) Representation: Mr Campbell SC with Mr Longhurst (Plaintiff) Mr Schofield and Mr Smith in person (First defendants) Mr Crowe SC with Mr Ronzani (Second defendant - 2010/257553) Mr Catsanos (Second defendant - 2013/165459) Kells the Lawyers (Plaintiff) Mr Schofield and Mr Smith in person (First defendants) Sparke Helmore (Second defendant - 2010/257553) Moray & Agnew (Second defendant - 2013/165459) File Number(s): 2010/257553 & 2013/165459 consolidated as 2013/165459 Publication restriction: None