Wright by his tutor Wright v Optus Administration Pty Limited [2015] NSWSC 160

Supreme Court New South Wales

Medium Neutral Citation: Wright by his tutor Wright v Optus Administration Pty Limited [2015] NSWSC 160 Hearing dates: 11, 12, 13, 14, 15, 18, 21 & 22 November 2013 Date of orders: 06 March 2015 Decision date: 06 March 2015 Jurisdiction: Common Law Before: Campbell J Decision: My orders are: Judgment for the plaintiff against the first defendant in the sum of $3,851,286. Under s 77(2) Civil Procedure Act 2005 (NSW), I direct that the judgment money is to be paid into Court and to be held by the Registrar pending an application for either management under New South Wales Trustee & Guardian Act 2009 (NSW) or an order for payment under s 77(3) Civil Procedure Act 2005. Direct the Registrar to inform the New South Wales Trustee & Guardian of the terms of the award I propose to make in accordance with s 23(3) Civil Liability Act 2002. Judgment for the second defendant on the first defendant's cross claim. Declare that under the provisions of s 151Z(1)(d) Workers' Compensation Act 1987, the first defendant is bound to indemnify the second defendant for all amounts paid to, for or on behalf of the plaintiff under the 1987 Act. The first defendant to pay the plaintiff's costs of and incidental to the proceedings forthwith after they have been agreed or assessed. First defendant to pay the second defendant's costs of and incidental to the proceedings forthwith after they have been agreed or assessed. Under Rule 36.11 Uniform Civil Procedure Rules 2005 defer entry of the judgments and orders pronounced until further order. List the matter for directions for Campbell J at 9:30 am Friday 20 March 2015. Parties to have liberty to apply to be exercised by written submissions lodged with the associate to Campbell J no later than 4:30 pm 18 March 2015. Catchwords: TORTS – negligence – liability for criminal act of co-worker – whether exception to Modbury principle – causation where psychological injury caused by attempted murder