Paul v Ashcroft Supa IGA Orange Pty Ltd [2019] NSWDC 101

District Court New South Wales

Medium Neutral Citation: Paul v Ashcroft Supa IGA Orange Pty Ltd [2019] NSWDC 101 Hearing dates: 26 and 27 March 2019 Date of orders: 05 April 2019 Decision date: 05 April 2019 Jurisdiction: Civil Before: Russell SC DCJ Decision: On the plaintiff's claim: (1) Judgment for the plaintiff against the defendant for $578,689.11. (2) Order the defendant to pay the plaintiff's costs. (3) Grant leave to approach my Associate within 7 days if either party seeks a different costs order.

On the cross-claim:

(1) Judgment for the cross-claimant against the cross-defendant for $578,689.11. (2) Judgment for the cross-claimant against the cross-defendant for the costs which the defendant has been ordered to pay to the plaintiff, such costs to be as agreed or assessed between the plaintiff and the defendant. (3) Order the cross-defendant to pay the cross-claimant's costs of the cross-claim on an indemnity basis. (4) Grant leave to approach my associate within 7 days if either party seeks a different costs order. Catchwords: NEGLIGENCE – Civil Liability Act 2002 – failure to take reasonable precautions – apprentice butcher slipped on sausage mince left on floor of meat room NEGLIGENCE – contributory negligence – part of apprentice's job, along with everyone else in meat room, to clean up spills – 10% deduction for contributory negligence DAMAGES – deduction pursuant to s151Z Workers Compensation Act 1987 INSURANCE – exclusion clause – grammatical meaning of clause – legal meaning of clause – examination of text, context and purpose - application of legal meaning to facts – ambiguity and contra proferentem Legislation Cited: Apprenticeship and Traineeship Act 2001 (NSW) Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Bourke v Victorian WorkCover Authority [1998] VSCA 24; [1999] 1 VR 189 Darlington Futures Limited v Delco Australia Pty Limited [1986] HCA 82; (1986) 161 CLR 500 Mamo v Surace [2014] NSWCA 58; (2014) 86 NSWLR 275 Pollard v Baulderstone Hornibrook Engineering Pty Ltd [2007] NSWSC 15 Pollard v Baulderstone Hornibrook Engineering Pty Ltd [2008] NSWCA 99 Wilkie v Gordian Runoff Limited [2005] HCA 17 at [16]; (2005) 221 CLR 522 Zhang v ROC Services (NSW) Pty Ltd [2016] NSWCA 370; (2016) 93 NSWLR 561 Texts Cited: Cambridge Grammar of English, Cambridge University Press 2006 Macquarie Dictionary The Laws of Australia, Thomson Reuters, at 22.1.2440-22.1.2510 Category: Principal judgment Parties: Mathew Philip Paul v Ashcroft Supa IGA Orange Pty Limited Representation: Counsel: P Kirby (Plaintiff) D Lloyd (Defendant, Cross-Claimant) R Cavanagh SC (Cross-Defendant)