Sharp v Emicon Pty Ltd [2014] NSWSC 1072

Supreme Court New South Wales

Medium Neutral Citation: Sharp v Emicon Pty Ltd [2014] NSWSC 1072 Hearing dates: 21 - 24 July 2014 Decision date: 12 August 2014 Before: Harrison J Decision: 1. Judgment for the plaintiff against the second defendant for $726,624. 2. Judgment for the third defendant. 3. Dismiss the cross-claims between the second defendant and the third defendant. 4. Direct the parties to provide submissions on the question of costs, including the questions of whether or not the second defendant should pay the plaintiff's costs, whether or not the plaintiff should pay the third defendant's costs, and whether or not the second defendant should indemnify the plaintiff with respect to any costs that the plaintiff may be ordered to pay the third defendant. Catchwords: TORTS - industrial accident - negligence - where carpenter injured in fall from defective scaffold - whether condition of scaffold causally related to fall - whether breach of duty by employer in failing to instruct plaintiff not to climb on scaffold or in failing to detect or warn of defect or associated danger - whether scaffolder in breach of duty by failing to erect or repair scaffold - whether defect caused by third party - whether plaintiff guilty of contributory negligence Legislation Cited: Civil Liability Act 2002 Workers Compensation Act 1987 Category: Principal judgment Parties: Jarrad Sharp (Plaintiff) Emicon Pty Ltd (First Defendant) Coastwise Constructions Pty Ltd (Second Defendant) Staiger Pty Ltd (Third Defendant) Representation: Counsel: F D Curran (Plaintiff) R Cavanagh SC (First Defendant) I Todd (Second Defendant) W Reynolds (Third Defendant) Solicitors: Carters Law Firm (Plaintiff) Hunt & Hunt (First Defendant) TurksLegal (Second Defendant) Meridian Lawyers (Third Defendant) File Number(s): 2011/302453 Publication restriction: Nil