Harford v Hallmark Construction Pty Ltd [2019] NSWSC 371

Supreme Court New South Wales

Medium Neutral Citation: Harford v Hallmark Construction Pty Ltd [2019] NSWSC 371 Hearing dates: 18-22 February 2019 Date of orders: 17 April 2019 Decision date: 17 April 2019 Jurisdiction: Common Law Before: Fagan J Decision: In proceedings No 2015/234127 Harford v Hallmark Construction Pty Ltd (1) Judgment for the plaintiff in the sum at which his damages have been agreed. (2) The defendant pay the plaintiff's costs. (3) Copeland Building Services Pty Ltd is to indemnify the defendant for half of the judgment that is to be entered in favour of the plaintiff. (4) Copeland Building Services Pty Ltd is to pay the defendant's costs of the further amended first cross-claim. (5)The further amended first cross-claim filed 22 November 2018 is dismissed as against the second, third and fourth cross defendants, with costs.

In proceedings No 2015/152742, Harford Transport Pty Ltd v Hallmark Construction Pty Ltd (1) Judgment for the plaintiff for the sum in which the recoverable benefits and interest thereon have been agreed. (2) The defendant pay the plaintiff's costs. (3) Copeland Building Services Pty Ltd is to indemnify the defendant for half of the judgment that is to be entered in favour of the plaintiff. (4) Copeland Building Services Pty Ltd is to pay the defendant's costs of the second further amended first cross-claim. (5) The second further amended first cross-claim filed 22 November 2018 is dismissed as against the second, third and fourth cross defendants, with costs. Catchwords: TORTS - Negligence– Liability for others' negligence – Apportionment of responsibility – occupier's liability – joint occupation – whether effective control over part of building site containing hazard – whether negligence attributable to occupier through agency – whether tortfeasor a "true agent" or "agent properly so called" for attribution of tortious acts to putative principal– failure adequately to safeguard hazard or warn – dual vicarious liability impossible – tortfeasors equally in breach of respective duties