Paul Denniss v Fluor Australia Pty Ltd & Ors [2016] NSWDC 54

District Court New South Wales

Medium Neutral Citation: Paul Denniss v Fluor Australia Pty Ltd & Ors [2016] NSWDC 54 Hearing dates: 2, 4, 7, 8 December 2015; 27 January 2016 Date of orders: 20 April 2016 Decision date: 20 April 2016 Jurisdiction: Civil Before: Sidis ADCJ Decision: 1) Verdict and judgment for the plaintiff in the sum of $474,603. 2) The third defendant is to pay the plaintiff's costs of the proceedings. 3) The claims against the first and second defendants are dismissed. 4) Each party is to pay its own costs of the proceedings brought against the first and second defendants. 5) The orders for costs are suspended for 7 days to allow the parties, should they wish to do so, to list the matter for further submissions on the issue of costs. 6) The exhibits will be retained for 28 days. 7) My reasons are published. Catchwords: PERSONAL INJURY: industrial accident; liability; adequacy of system for evacuation of scaffolders exposed to danger from hot metal carrying trains; statutory breach; contributory negligence; apportionment of liability between employer and non-employer; extent to which accident causative of ongoing disability in light of pre-existing osteoarthritis; damages capped to take account of pre-existing condition. Legislation Cited: Civil Liability Act 2002 (NSW) Occupational Health & Safety Regulation 2001 (NSW) Workers Compensation Act 1987 (NSW) Cases Cited: Czatyrko v Edith Cowan University (2005) 214 ALR 349 Forstaff Blacktown Pty Limited v Brimac Pty Limited & Anor [2005] NSWCA 423 Jones v Dunkel (1959) 101 CLR 298 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305 Maricic v Dalma Formwork (Australia) Pty Limited [2006] NSWCA 174 Pollard v Baulderstone Hornibrook Engineering Pty Limited [2008] NSWCA 99 Purkess v Crittenden (1965) 114 CLR 164 Shoalhaven City Council v Humphries [2013] NSWCA 390 Watts v Rake (1960) 108 CLR 158 Category: Principal judgment Parties: Paul Denniss – Plaintiff Fluor Australia Pty Ltd – First Defendant Fluor Rail Services Pty Ltd – Second Defendant Fluor Global Services Australia Pty Ltd – Third Defendant Tolco Pty Ltd – Fourth Defendant Representation: Counsel: Mr O'Keefe – Plaintiff Mr Ronzani – First, Second, Third and Fourth Defendants