Boral Bricks Pty Ltd v Cosmidis (No 2) [2014] NSWCA 139

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Boral Bricks Pty Ltd v Cosmidis (No 2) [2014] NSWCA 139 Hearing dates: On the papers Decision date: 07 May 2014 Before: McColl JA at [1]; Basten JA at [75]; Emmett JA at [128] Decision: (1) Allow the appeal in part and set aside order (1) made by the District Court on 13 September 2012. (2) In place thereof, give judgment for the plaintiff against the first defendant in the amount of $717,970, such judgment to date from 13 September 2012. (3) Make no order as to the costs 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: TORT - negligence - contributory negligence -- general principles - duties of an occupier to ensure safety of premises for an entrant - whether culpability greater when controlling potentially dangerous vehicle - standard of care under the Civil Liability Act - apportionment under Law Reform (Miscellaneous Provisions) Act 1965 (NSW), s 9(1)(b); Motor Accidents Compensation Act 1999 (NSW), s 138; Civil Liability Act 2002 (NSW), ss 5B, 5R.

TORT - negligence - contributory negligence - pedestrian injured in motor vehicle accident - apportionment of liability - respondent injured by a forklift on appellant's premises - failure by respondent to keep a proper lookout - relative culpability of the parties