Leslie Corbett v South 32 Limited (No 2) [2018] NSWDC 232

District Court New South Wales

Medium Neutral Citation: Leslie Corbett v South 32 Limited (No 2) [2018] NSWDC 232 Hearing dates: 13, 14, 15, 26, 27 and 28 March 2018 Date of orders: 03 August 2018 Decision date: 03 August 2018 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Cross-claims dismissed. (2) The first, second and fourth cross-claimants to pay Allfab Constructions Pty Limited's costs of the cross-claims. Catchwords: NEGLIGENCE – contribution between tortfeasors - apportionment Legislation Cited: Civil Liability Act 2002, s 5, s 5B, s 5C, s 5D Evidence Act 1995, s 64 Law Reform (Miscellaneous Provisions) Act 1946, s 5 Cases Cited: Benic v State of New South Wales [2010] NSWSC 1039 Chapman v Hearse (1961) 106 CLR 112 Garzo v Liverpool/Campbelltown Christian School Limited & Anor [2011] NSWSC 292 Grima v RFI (Aust) Pty Ltd [2014] NSWCA 345 Podrebersek v Australian Iron & Steel Pty Ltd [1985] HCA 34 Roads and Traffic Authority of NSW v Dederer (2007) 234 CLR 330 Wallace v Kam [2013] HCA 19 Warren Fitzgerald v The Nominal Defendant [2018] NSWDC 175 Texts Cited: J J Spigelman, 'Negligence: The Last Outpost of the Welfare State' (2002) 76 ALJ 432 Category: Principal judgment Parties: Leslie Corbett (plaintiff) South 32 Limited (first defendant/first cross-claimant/first cross-defendant to third cross-claim) Illawarra Coal Holdings Pty Limited (second defendant/second cross-claimant/second cross-defendant to third cross-claim) Endeavour Coal Pty Limited (third defendant/third cross-defendant to third cross-claim/fourth cross-claimant) Allfab Constructions Pty Limited (fourth defendant/cross-defendant to first, second and fourth cross-claims/third cross-claimant) Representation: Counsel: Mr R A O'Keefe (plaintiff) Mr G M Watson SC (first, second and third defendants) Mr D Talintyre (fourth defendant)