Wharekawa v AEA Constructions Pty Ltd; Building Partners Pty Ltd v AEA Constructions Pty Ltd [2018] NSWSC 684

Supreme Court New South Wales

Medium Neutral Citation: Wharekawa v AEA Constructions Pty Ltd; Building Partners Pty Ltd v AEA Constructions Pty Ltd [2018] NSWSC 684 Hearing dates: 6-14 November 2017, 16 November 2017, 8 December 2017 Date of orders: 22 May 2018 Decision date: 17 May 2018 Jurisdiction: Common Law Before: Fagan J Decision: The orders of the Court in proceedings no 2015/111482 are:

1. The orders pronounced 17 May 2018 are vacated and the following orders are made in lieu.

2. Judgment for the plaintiff, Raymond Wharekawa, against the defendant, AEA Constructions Pty Ltd for $1,486,783.

3. The defendant, AEA Constructions Pty Ltd, is to pay the costs of the plaintiff.

4. Any application by the plaintiff, Raymond Wharekawa, with respect to the scale at which costs are to be paid under the costs order in his favour is to be made by notice of motion to be filed within seven days with a supporting affidavit and any written submissions.

5. The defendant is to file any affidavit and/or submissions in response within a further 14 days.

6. Upon AEA Constructions Pty Ltd filing its affidavit and any submissions in response to such applications with respect to costs, it is to notify the associate to Fagan J if it wishes to be heard in oral argument in opposition to the orders sought.

The orders of the Court in proceedings no 2016/129877 are:

1. The orders pronounced 17 May 2018 are vacated and the following orders are made in lieu.

2. Judgment for the plaintiff, Building Partners Pty Ltd, against the defendant, AEA Constructions Pty Ltd for $433,084.66, being made up of recovery pursuant to s 151Z of the Workers Compensation Act 1987 (NSW) in the sum of $365,085.66, plus interest in the sum of $67,999, on payments of workers compensation.