Daher v Gold & Eagle Constructions Pty Ltd [2024] NSWSC 1575

Daher v Gold & Eagle Constructions Pty Ltd [2024] NSWSC 1575

Gold & Eagle Constructions Pty Ltd breached its duty of care to the plaintiff by failing to install adequate physical barriers (such as handrails or guardrails) around the floor penetration when the timber cover was removed, thereby exposing the plaintiff to a foreseeable and significant risk of falling. The plaintiff contributed to his own injury through inattention in stepping onto the plastic sheet covering the penetration, which he knew was unsafe. Liability is apportioned, with Gold & Eagle and its contribution from CDM Contractors calculated under s 151Z Workers Compensation Act. Steven Miller owed no relevant duty under these circumstances as he was not in control of the worksite...

Parties
Plaintiff: Anthony Daher; First Defendant: Gold & Eagle Constructions Pty Ltd; Second Defendant: Steven Miller
Jurisdiction
Australia
Judgment Date
09 December 2024
Procedural Posture
Negligence Claim for Workplace Injury / Principal Judgment Post Trial
Outcome
Judgment for the plaintiff (Anthony Daher) against Gold & Eagle Constructions Pty Ltd; proceedings dismissed against Steven Miller; damages to be calculated per findings with directions for parties to bring in short minutes of order.
Legal Topics
Work Accident, Duty of Care, Contributory Negligence, Safe System of Work, Liability Apportionment
Negligence Common Law Personal Injury Work Accident Duty of Care Contributory Negligence Safe System of Work Liability Apportionment

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Parties

Anthony Daher

Plaintiff

Gold & Eagle Constructions Pty Ltd

First Defendant

Steven Miller

Second Defendant

Procedural Posture

Negligence Claim for Workplace Injury / Principal Judgment Post Trial

Legal Issues

  1. 1 Whether the head contractor (Gold & Eagle Constructions Pty Ltd) breached its duty of care by failing to ensure adequate protection against the risk of falling existed when the timber cover was removed from an open floor penetration
  2. 2 Whether the plaintiff (Anthony Daher) was contributorily negligent in stepping onto a plastic sheet covering an opening, knowing it was unsafe
  3. 3 Liability apportionment between Gold & Eagle and CDM Contractors Pty Ltd under s 151Z Workers Compensation Act 1987 (NSW)

Ratio Decidendi

Gold & Eagle Constructions Pty Ltd breached its duty of care to the plaintiff by failing to install adequate physical barriers (such as handrails or guardrails) around the floor penetration when the timber cover was removed, thereby exposing the plaintiff to a foreseeable and significant risk of falling. The plaintiff contributed to his own injury through inattention in stepping onto the plastic sheet covering the penetration, which he knew was unsafe. Liability is apportioned, with Gold & Eagle and its contribution from CDM Contractors calculated under s 151Z Workers Compensation Act. Steven Miller owed no relevant duty under these circumstances as he was not in control of the worksite...

Court Disposition

Judgment for the plaintiff (Anthony Daher) against Gold & Eagle Constructions Pty Ltd; proceedings dismissed against Steven Miller; damages to be calculated per findings with directions for parties to bring in short minutes of order.

Orders

  • Plaintiff entitled to damages against Gold & Eagle Constructions Pty Ltd, subject to a 30% reduction for contributory negligence.
  • Proceedings against Steven Miller dismissed.