Fuller v Avichem Pty Ltd trading as Adkins Building & Hardware Supplies [2019] NSWDC 114

District Court New South Wales

Medium Neutral Citation: Fuller v Avichem Pty Ltd trading as Adkins Building & Hardware Supplies [2019] NSWDC 114 Hearing dates: 19, 20, 21 November 2018 Date of orders: 04 March 2019 Decision date: 04 March 2019 Jurisdiction: Civil Before: Scotting DCJ Decision: (1) Verdict for the plaintiff. (2) I grant leave to the parties to approach my Associate on or before 5pm on 19 March 2019 to file Short Minutes of Order in relation to the matters still in dispute or to list the matter for argument, after compliance with appropriate directions to serve Short Written Submissions. Catchwords: TORTS – negligence – work injury – claim against employer – breach of duty of care – injury to back and left shoulder during manual handling – 15% whole body impairment - whether award should be reduced for contributory negligence DAMAGES – assessment of damages – past and future economic loss Legislation Cited: Workers Compensation Act 1987 Workers Compensation Regulation 2016 Cases Cited: Commercial Union Assurance Company of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 Commissioner of Railways v Ruprecht (1979) 142 CLR 563 Council of the City of Greater Taree v Wells [2010] NSWCA 147 Czatyrko v Edith Cowan University (2005) 214 ALR 839 Podrebersek v Australian Iron and Steel Pty Ltd (1985) 59 ALR 492 Wyong Shire Council v Shirt (1980) 146 CLR 40 Category: Principal judgment Parties: David Fuller (Plaintiff) Avichem Pty Ltd t/a Adkins Building & Hardware Supplies (Defendant) Representation: Counsel: G Parker SC with J de Greenlaw (Plaintiff) R Perla (Defendant)