Thelander v Sydney Ferries Corporation [2014] NSWSC 1530

Supreme Court New South Wales

Medium Neutral Citation: Thelander v Sydney Ferries Corporation [2014] NSWSC 1530 Hearing dates: 2, 3, 4 December 2013, 11 March 2014, 30 April 2014. Decision date: 04 November 2014 Jurisdiction: Common Law Before: Adams J Decision: 1. Judgment for the plaintiff. 2. Direct the plaintiff to file orders consistent with my judgment (in respect only of the heads of damage available under the Workers Compensation Act 1987 (NSW)). 3. Leave granted to the parties to file and serve written submissions on the question of costs in the event that the appropriate order cannot be agreed. 4. In respect of the order as to damages, failing agreement the parties have leave to apply on three days' notice. Catchwords: TORTS - negligence - tripping over sill on ferry - whether should have been painted to show height - whether contributory negligence Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Transport Administration Act 1988 (NSW) Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Bankstown Foundry Pty Ltd v Braistina [1986] HCA 20; (1986) 160 CLR 301 Czatyrko v Edith Cowan University [2005] HCA 14; (2005) 214 ALR 349; (2005) 79 ALJR 839 Fox v Wood [1981] HCA 41; (1981) 148 CLR 438 Landon v Ferguson [2005] NSWCA 395; (2005) 64 NSWLR 131 McLean v Tedman [1984] HCA 60; (1984) 155 CLR 306 Seage v State of New South Wales [2008] NSWCA 328 Wyong Shire Council v Shirt [1980] HCA 12; (1979-80) 146 CLR 40 Texts Cited: Luntz, Assessment of Damages for Personal Injury and Death (4th ed, 2002) Category: Principal judgment Parties: Mark George Thelander (Plaintiff) Sydney Ferries Corporation (Defendant) Representation: Counsel: I Roberts SC/ B Menary (Plaintiff) P Morris SC/ P Perry (Defendant) Solicitors: WG McNally Jones Staff Lawyers (Plaintiff) Stephen Lee Legal (Defendant) File Number(s): 2010/101315