The Clean Plumber Pty Limited v Communications Construction Consultants Pty Limited [2014] NSWDC 320

District Court New South Wales

Medium Neutral Citation: The Clean Plumber Pty Limited v Communications Construction Consultants Pty Limited [2014] NSWDC 320 Hearing dates: 29 May 2014 Date of orders: 30 May 2014 Decision date: 30 May 2014 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1)Note that the limit of indemnity under s 151Z(1)(d), being the damage in respect of the injury, is determined to be $150,506.97. (2)Judgment for the plaintiff in the sum of $35,335.81. (3)The defendant to pay the plaintiff's costs. Catchwords: NEGLIGENCE – DAMAGES – work injury – negligence by a third party – recovery by employer's insurer – amount of personal injury damages – limit of indemnity – level of non-economic loss – relevance of age of injured party – domestic assistance – interest – award less than $40,000 - costs Legislation Cited: Uniform Civil Procedure Rules 2005, r 42.35 Workers Compensation Act 1987, s 151Z Cases Cited: Clarence Valley Council v Macpherson [2011] NSWCA 422 Kemble v Gate Gourmet Services Pty Ltd [2012] NSWDC 52 Reece v Reece (1994) 19 MVR 103 Category: Principal judgment Parties: Edwards Michael Lawyers (plaintiff) Representation: Counsel: Mr S Maybury (plaintiff)

Solicitors: Edwards Michael Lawyers (plaintiff) File Number(s): 2013/237526 Publication restriction: None

Judgment

A. INTRODUCTION 1. The plaintiff, The Clean Plumber Pty Limited ("The Clean Plumber"), employed James Kent as a plumber. Mr Kent was injured in the course of his employment when he tripped on a damaged footpath. The workers compensation insurer of The Clean Plumber made payments to and on behalf of Mr Kent and seeks to recover those payments under s 151Z of the Workers Compensation Act 1987 ("the Act") from the defendant, Communications Construction Consultants Pty Limited, a building company that had done works on the footpath. The Clean Plumber obtained default judgment against the building company and applies for an assessment of its loss.