Hobby v Workers Compensation Nominal Insurer [2015] NSWDC 273

District Court New South Wales

Medium Neutral Citation: Hobby v Workers Compensation Nominal Insurer [2015] NSWDC 273 Hearing dates: 24 and 25 June 2015 Date of orders: 28 August 2015 Decision date: 28 August 2015 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Judgment for the plaintiff. (2) Liberty to the parties to bring in Short Minutes of Order reflecting the mathematically agreed judgment sum. (3) Defendant pay plaintiff's costs. (4) Liberty to restore in relation to costs. Catchwords: TORT - negligence - plaintiff injured while operating an electric saw in his employer's sawmill - whether the plaintiff's injuries were caused by the defendant's negligence - contributory negligence - past and future economic loss Legislation Cited: Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 6 Occupational Health and Safety Act 2000 (NSW), s 8 Occupational Health and Safety Regulation 2001 (NSW), rr 9, 10, 11, 12, 13, 14 and 56 Workers Compensation Act 1987 (NSW), ss 151D and 154A Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 318(1) Cases Cited: Bankstown Foundry Pty Ltd v Braistina (1986) 160 CLR 301 Black v Young (2015) 70 MVR 174 Jones v Dunkel (1959) 101 CLR 298 Kallouf v Middis [2008] NSWCA 61 Mead v Kerney [2012] NSWCA 215 Najdovski v Crnojlovic (2008) 72 NSWLR 728 Nominal Defendant v Livaja [2011] NSWCA 121 Wilkinson v Perisher Blue Pty Ltd [2012] NSWCA 250 Category: Principal judgment Parties: Plaintiff: Clinton Hobby Defendant: Workers Compensation Nominal Insurer Representation: Counsel: Plaintiff: Mr A Lidden SC / Mr P Khandar Defendant: Mr P Rickard