Tsoromokos v Australian Native Landscapes Pty Ltd [2018] NSWSC 321

Supreme Court New South Wales

Medium Neutral Citation: Tsoromokos v Australian Native Landscapes Pty Ltd [2018] NSWSC 321 Hearing dates: 20 to 27 March 2017, 6 to 8 June 2017 and 13 June 2017 Date of orders: 15 March 2018 Decision date: 15 March 2018 Jurisdiction: Common Law Before: Latham J Decision: (1) Judgment for the plaintiff in the sum of $1,190,194.20; (2) Defendant to pay the plaintiff's party/party costs as agreed or assessed; (3) Judgment for the first cross-defendant on the first cross-claim; (4) First cross-claimant to pay the first cross-defendant's party/party costs of the first cross-claim as agreed or assessed; (5) Judgment for the second cross-claimant on the second cross-claim in the sum of $306,179.93; (6) The second cross-defendant to pay the cross-claimant interest in the second cross-claim pursuant to s 100 of the Civil Procedure Act in the agreed amount of $116,357.00; and (7) The second cross-defendant to pay the second cross-claimant's party/party costs of the second cross-claim as agreed or assessed. Catchwords: TORT – negligence – Civil Liability Act 2002 s 5B – contributory negligence – compensation – assessment – liability of contractor – whether employer to be indemnified – Workers Compensation Act 1987 (NSW), s 151Z(1)(d). Legislation Cited: Civil Liability Act 2002 Law Reform (Miscellaneous Provisions) Act 1946 Workers Compensation Act 1987 Cases Cited: Bostik Australia Pty Ltd v Liddiard & Anor [2009] NSWCA 167 Consolidated Broken Hill Ltd v Edwards [2005] NSWCA 380 Czatyrko v Edith Cowan University [2005] HCA 14 Fox v Wood [1981] HCA 41 Leighton Contractors Pty Ltd v Fox and Ors [2009] HCA 35 Murray v Sheldon Commercial Interiors Pty Ltd [2016] NSWCA 77 Podrebersek v Australian Iron and Steel Pty Ltd [1985] HCA 34 Shoalhaven City Council v Humphries [2013] NSWCA 390 Stevens v Brodribb Sawmilling Co Pty Ltd [1986] HCA 1 Category: Principal judgment Parties: John Tsoromokos Australian Native Landscapes Representation: Counsel: Plaintiff: M Cranitch SC with C Thompson Defendant: L King SC with R Gambi Cross Defendant: GJ Parker SC