Kay v Sydney Airport Corporation Limited [2014] NSWSC 744

Supreme Court New South Wales

Medium Neutral Citation: Kay v Sydney Airport Corporation Limited [2014] NSWSC 744 Hearing dates: 19, 20, 21, 22 and 23 May 2014 Decision date: 06 June 2014 Jurisdiction: Common Law Before: Adamson J Decision: Proceedings 297470 of 2009 (1) Judgment for the second defendant. (2) Judgment for the plaintiff against the third defendant. (3) Reserve the question of costs. (4) Direct the parties to perform calculations as to quantum and to prepare short minutes of order to reflect my reasons and provide draft short minutes to my Associate within seven days of this judgment. (5) Direct the parties to contact my Associate within seven days to list the matter for argument on costs, if costs orders are not agreed. Proceedings 146777 of 2012 (1) Judgment for the first defendant. (2) Judgment for the plaintiff against the second defendant. (3) Reserve the question of costs. (4) Direct the parties to perform calculations as to quantum and to prepare short minutes of order to reflect my reasons and provide draft short minutes to my Associate within seven days of this judgment. (5) Direct the parties to contact my Associate within seven days to list the matter for argument on costs, if costs orders are not agreed. Catchwords: TORTS - Negligence - Causation - two immediate causes of injury - additional force on plaintiff's shoulder due to her working overhead which ought to have been mitigated by provision of a ladder by employer -additional force required to be exerted to obtain a connection between aircraft and ground power unit due to third defendant's incorrect orientation of bulge -presumptive inference of causation from sequence of events open - fact that plaintiff had inserted incorrectly configured connectors in the past or the fact that other workers would not have been injured when inserting connectors not determinative - No contributory negligence - Second defendant discharged duty to plaintiff by engaging a reputable and well-qualified contractor (the third defendant) to perform work and maintenance on airport ground power units