WB Jones Staircase & Handrail Pty Ltd v Richardson & Ors [2014] NSWCA 127

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: WB Jones Staircase & Handrail Pty Ltd v Richardson & Ors [2014] NSWCA 127 Hearing dates: 06.02.2014; 07.02.2014 Decision date: 17 April 2014 Before: Beazley P at [1] Hoeben JA at [2] Leeming JA at [139] Decision: (1) Appeals by Mirvac in matter No 2012/246067 and WB Jones in matter No 2012/245212 allowed in part. (2) The orders made by Judge Cogswell SC on 11 July 2012 are set aside, and in lieu thereof order that: (i) Judgment in favour of the plaintiff against all three defendants in the amount of $750,000 plus costs. (ii) In the cross-claim by Mirvac against WB Jones, WB Jones is to contribute 25 percent to Mirvac's liability to the plaintiff for damages and costs. (iii) In the cross-claim by Mirvac against JMKG, JMKG is to contribute 50 percent to Mirvac's liability to the plaintiff for damages and costs. (iv) In the cross-claim by WB Jones against Mirvac, Mirvac is to contribute 25 percent to the liability of WB Jones to the plaintiff for damages and costs. (v) In the cross-claim by WB Jones against JMKG, JMKG is to contribute 50 percent to the liability of WB Jones to the plaintiff for damages and costs. (vi) In the cross-claim by JMKG against Mirvac, Mirvac is to contribute 25 percent to the liability of JMKG to the plaintiff for damages and costs. (vii) In the cross-claim by JMKG against WB Jones, WB Jones is to contribute 25 percent to the liability of JMKG to the plaintiff for damages and costs. (viii) Each cross-defendant is to bear its own costs in respect of each of the cross-claims. (3) Otherwise dismiss the appeals by Mirvac and WB Jones. (4) Dismiss the appeal by JMKG in matter No 2013/11679. (5) The appellants are to pay the respondent Mr Richardson's costs of the three appeals. (6) The appellants are to file any agreed Short Minutes of Order as to costs within 7 days. In default of agreement, the appellants are to file and serve proposed orders and short submissions not exceeding 5 pages and any evidence upon which they wish to rely within 21 days. [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: APPEAL - torts - a balustrade gave way causing injury to a plaintiff - proceedings in negligence brought against the builder and two subcontractors - content of duty owed by a builder to owner - whether content included obligation to inspect work of subcontractors - whether builders should have been aware of various building standards - breach by a builder in failing to inspect - content of duty owed by subcontractor to whom installation of balustrade entrusted - that subcontractor subcontracted installation to another subcontractor - whether content of duty required first subcontractor to inspect work of second subcontractor - whether first subcontractor in breach of duty for failing to retain competent subcontractor - apportionment of liability between tortfeasors - DAMAGES - whether non-economic loss assessment excessive - past and future economic loss - requirement to comply with s13 Civil Liability Act 2002 - past and future domestic assistance - need to comply with s15 Civil Liability Act 2002 - appeal allowed as to apportionment but otherwise dismissed. Legislation Cited: Civil Liability Act 2002 Cases Cited: Dell v Dalton (1991) 23 NSWLR 538 Graham v Baker [1961] HCA 48; 106 CLR 340 Graham Barclay Oysters v Ryan [2002] HCA 54; 211 CLR 540 House v The King [1936] HCA 40; 55 CLR 499 Medlin v The State Government Insurance Commission [1995] HCA 5; 182 CLR 1 Moran v McMahon (1985) 3 NSWLR 700 Podrebersek v Australian Iron & Steel Pty Ltd [1985] HCA 34; 59 ALJR 492 Voli v Inglewood Shire Council [1963] HCA 15; 110 CLR 74 Category: Principal judgment Parties: 2012/245212 WB Jones Staircase & Handrail Pty Ltd - Appellant Peter Richardson - First Respondent Mirvac Constructions Pty Ltd - Second Respondent JMKG Pty Ltd - Third Respondent