Kabic v Workers Compensation Nominal Insurer (No 3) [2017] NSWSC 1281

Supreme Court New South Wales

Medium Neutral Citation: Kabic v Workers Compensation Nominal Insurer (No 3) [2017] NSWSC 1281 Hearing dates: 8 August 2016 – 12 August 2016 - 21 October 2016, 5 December 2016 and 7 December 2016 Decision date: 22 September 2017 Jurisdiction: Common Law Before: Button J Decision: (1) The claim of the plaintiff, Milan Kabic, against the first defendant, Caringbah Formwork Pty Ltd, is dismissed. (2) The claim of the plaintiff, Milan Kabic, against the second defendant, Deicorp Construction Pty Ltd, is dismissed. (3) Judgment for the plaintiff, Milan Kabic, against the third defendant, Calcono Pty Ltd. (4) The parties are to attempt to bring in jointly agreed draft orders consistent with these reasons, including with regard to costs. (5) The matter is listed for mention before me at 3.00 pm on 17 November 2017. Catchwords: TORT – negligence – personal injury – slip and fall on building site – where wet and no enclosing structure –non-delegable duty of care of employer to plaintiff as employee – where labour hire company, principal building contractor and sub-contractor – whether breach of duty – no breach by labour hire company and principal building contractor – breach by sub-contractor—causation

CONTRIBUTORY NEGLIGENCE – allegation that plaintiff failed to take proper care of own safety – contributory negligence found

DAMAGES – assessment of damages for personal injury – non-economic loss-past and future economic loss – gratuitous domestic assistance Legislation Cited: Civil Liability Act 2002 (NSW), ss 5B; 5G; 5H; 15; 15B Occupational Health, Safety And Rehabilitation Act 2000 (NSW) Cases Cited: Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 Fox v Wood (1981) 148 CLR 438; [1981] HCA 41 Category: Principal judgment Parties: Milan Kabic (Plaintiff) Workers Compensation Nominal Insurer (First Defendant) Deicorp Constructions (NSW) Pty Ltd (Second Defendant) Calcono Pty Ltd (Third Defendant) Representation: Counsel: R R Bartlett SC (Plaintiff) F Curran (Plaintiff) N E Chen SC (First Defendant) R Perla (Second and Third Defendants)