South 32 Ltd v Allfab Constructions Pty Ltd [2019] NSWCA 132

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: South 32 Ltd v Allfab Constructions Pty Ltd [2019] NSWCA 132 Hearing dates: 29 March 2019 Decision date: 11 June 2019 Before: Leeming JA at [1]; Emmett AJA at [82]; Simpson AJA at [85] Decision: The appeal be dismissed, with costs. Catchwords: NEGLIGENCE – contribution between tortfeasors – plaintiff suffered injury in workplace – plaintiff brought proceedings against occupier and a contractor on site – proceedings between plaintiff and occupier compromised – occupier sought statutory contribution against contractor – whether primary judge failed to deal with way in which occupier had advanced its case – whether primary judge erred in (notional) assessment of contribution – appeal dismissed Legislation Cited: Civil Liability Act 2002 (NSW), Part 1A, ss 5B, 5D Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 5 Workers Compensation Act 1987 (NSW), s 151Z Cases Cited: Leslie Corbett v South 32 Limited (No 2) [2018] NSWDC 232 Nominal Defendant v Dowedeit [2016] NSWCA 332 Podrebersek v Australian Iron and Steel Pty Ltd [1985] HCA 34; (1985) 59 ALJR 492 Category: Principal judgment Parties: South 32 Ltd (First appellant) Illawarra Coal Holdings Pty Ltd (Second appellant) Endeavour Coal Pty Ltd (Third appellant) Allfab Constructions Pty Ltd (Respondent) Representation: Counsel:

G Watson SC and D Tang (Appellants) R Cavanagh SC and D Talintyre (Respondent)