Parkview Constructions Pty Ltd v Abrahim (No. 2) [2014] NSWCA 117

Parkview Constructions Pty Ltd v Abrahim (No. 2) [2014] NSWCA 117

Liability for Mr Abrahim's injuries was apportioned among Parkview, Erect Safe, and Blue Star reflecting their respective degrees of negligence. Blue Star was found negligent and liable for one-sixth of the damages, requiring recalculation of damages under the statutory compensation regime. Parkview and Erect Safe's share also adjusted. The cost regime prevented Mr Abrahim from recovering costs from Blue Star even as a successful party.

Parties
Appellant / First Defendant: Parkview Constructions Pty Ltd; Plaintiff / First Respondent: Ronnie Abrahim; Appellant / Second Defendant / Second Respondent: Erect Safe Scaffolding (Australia) Pty Ltd; Third Defendant / Third Respondent: Blue Star Painting Solutions Pty Ltd
Jurisdiction
Australia
Judgment Date
09 April 2014
Procedural Posture
Appeal / Post Judgment on Appeal (orders and Costs)
Outcome
Appeal and cross-appeals allowed in part; judgment and orders set aside and substituted; damages recalculated and apportioned; specific cross-claims determined; new costs orders made.
Legal Topics
Damages for Personal Injury, Apportionment of Liability, Employer's Liability, Workers Compensation, Costs
Tort Law Civil Procedure Damages for Personal Injury Apportionment of Liability Employer's Liability Workers Compensation Costs

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Parties

Parkview Constructions Pty Ltd

Appellant / First Defendant

Ronnie Abrahim

Plaintiff / First Respondent

Erect Safe Scaffolding (Australia) Pty Ltd

Appellant / Second Defendant / Second Respondent

Blue Star Painting Solutions Pty Ltd

Third Defendant / Third Respondent

Procedural Posture

Appeal / Post Judgment on Appeal (orders and Costs)

Legal Issues

  1. 1 Effect of employer's liability on apportionment of damages
  2. 2 Application of s 151Z Workers Compensation Act 1987 (NSW)
  3. 3 Calculation of damages following a finding of negligence against multiple defendants

Ratio Decidendi

Liability for Mr Abrahim's injuries was apportioned among Parkview, Erect Safe, and Blue Star reflecting their respective degrees of negligence. Blue Star was found negligent and liable for one-sixth of the damages, requiring recalculation of damages under the statutory compensation regime. Parkview and Erect Safe's share also adjusted. The cost regime prevented Mr Abrahim from recovering costs from Blue Star even as a successful party.

Court Disposition

Appeal and cross-appeals allowed in part; judgment and orders set aside and substituted; damages recalculated and apportioned; specific cross-claims determined; new costs orders made.

Orders

  • Orders 1-6 made by the Court on 20 December 2013 confirmed except Order 4 amended by omission of the words 'in part'.
  • Orders by Adams J set aside, and substituted orders for apportionment of damages: Parkview one half, Erect Safe one third, Blue Star one sixth.