Avopiling Pty Ltd v Bosevski; Avopiling Pty Ltd v The Workers Compensation Nominal Insurer [2018] NSWCA 146

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Avopiling Pty Ltd v Bosevski; Avopiling Pty Ltd v The Workers Compensation Nominal Insurer [2018] NSWCA 146 Hearing dates: 22, 23 February 2018 Date of orders: 27 July 2018 Decision date: 27 July 2018 Before: McColl JA at [1]; Payne JA at [2]; White JA at [182] Decision: In 2017/117390:

1. Leave to amend the amended statement of claim sought on 23 February 2018 is refused;

2. Appeal allowed;

3. Set aside orders 1 – 4 made by the primary judge on 3 May 2017;

4. Within seven days Mr Bosevski to file proposed orders to be made by the Court to reflect these reasons together with any written submissions in support of those proposed orders limited to 10 pages;

5. Within 14 days Avopiling to file any competing proposed orders to be made by the Court to reflect these reasons together with any written submissions in support of those proposed orders limited to 10 pages;

6. Within 21 days Mr Bosevski to file any final version of proposed orders to be made by the Court to reflect these reasons together with any written submissions in support of those proposed orders limited to 5 pages;

7. Avopiling to pay 60 per cent of Mr Bosevski's costs of the appeal as agreed or assessed.

In 2017/117381:

1. Appeal dismissed;

2. Avopiling to pay the Workers Compensation Nominal Insurer's costs of the appeal as agreed or assessed. Catchwords: TORTS – negligence – employer – whether formulation of risk of harm impermissibly narrow – whether breach of duty of care – whether employer should have appreciated risk of harm