Burling v Optus Fixed Infrastructure Pty Limited [2019] NSWDC 54

District Court New South Wales

Medium Neutral Citation: Burling v Optus Fixed Infrastructure Pty Limited [2019] NSWDC 54 Hearing dates: 6, 7 and 8 March 2019 Date of orders: 15 March 2019 Decision date: 15 March 2019 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Judgment for the plaintiff against the defendant for $156,026.19. (2) Order the defendant to pay the plaintiff's costs. (3) Grant leave to the parties to approach my Associate if either party seeks a different costs order. Catchwords: TORTS – negligence – plaintiff slipped on metal telecommunications pit lid resulting in fracture to left leg

TORTS – negligence – duty of care – whether there was a duty of care in relation to installation only or also a duty in relation to inspection and repair – failure to take reasonable precautions – s 5B Civil Liability Act 2002

TORTS – negligence – causation – s 5D(1) Civil Liability Act 2002

TORTS – damages – non-economic loss – past out-of-pocket expenses – future out-of-pocket expenses – domestic assistance and care – past and future economic loss Legislation Cited: Civil Liability Act 2002 (NSW) Telecommunications Act 1997 (C'th) Cases Cited: Brodie v Singleton Shire Council [2001] HCA 29; (2001) 206 CLR 512 Mamo v Surace [2014] NSWCA 58; 86 NSWLR 275 Rickards v Australian Telecommunications Commission (1983) 3 NSWLR 155 Category: Principal judgment Parties: Garry Burling (Plaintiff) Optus Fixed Infrastructure Pty Limited (Defendant) Representation: Counsel: E Walsh with P Macarounas (Plaintiff) R Perla (Defendant)