Wormleaton v Thomas & Coffey Limited (No 4) [2015] NSWSC 260

Supreme Court New South Wales

Medium Neutral Citation: Wormleaton v Thomas & Coffey Limited (No 4) [2015] NSWSC 260 Hearing dates: 2, 3, 4, 5 December 2013 Date of orders: 20 March 2015 Decision date: 20 March 2015 Before: Campbell J Decision: Judgment in favour of the plaintiff against the first defendant in the sum of $2,286,832.00; Judgment in favour of the plaintiff against the second defendant in the sum of $2,286,832.00; Satisfaction of one of the judgments in orders (1) and (2) discharges the other pro tanto; Judgment for the fourth defendant against the plaintiff; The first and second defendant's to pay the plaintiff's costs of and incidental to the proceedings on the ordinary basis forthwith after they have been agreed or assessed; The plaintiff and the fourth defendant to bear his and its own costs of the work injury damages proceedings; For the purposes of s 23 Civil Liability Act 2002 defer entry of judgment until Wednesday, 1st April 2015; List the matter for entry of final orders before me at 9:30 am on Wednesday 1st April 2015; Reserve liberty to the parties to apply in respect of mathematical miscalculations, changes in workers' compensation rates, and for the purposes of s 23 Civil Liability Act on written notice to my associate and to each other no later than 4 pm 27th March 2015. All applications will be dealt with on 1st April 2015. Catchwords: TORTS – negligence – liability for severe crush injury at work – duty of care owed by an employer to its employee – whether breach of duty of care was within the scope of the employer/employee relationship