Alelaimat v Synergy Scaffolding Services (No 3) [2022] NSWSC 536

Alelaimat v Synergy Scaffolding Services (No 3) [2022] NSWSC 536

Synergy Scaffolding, despite engaging plaintiff via labour hire, owed a non-delegable employer-like duty of care due to its day-to-day control and direction of plaintiff’s work, failed to institute a safe system of work (namely, did not create or supervise an exclusion zone during dismantling), and this breach caused plaintiff’s injury. Limitation period had not expired as plaintiff lacked requisite knowledge until 2017. DJ's Scaffolding owed duty as employer but was not negligent due to lack of control over site/system. Workers Compensation Nominal Insurer entitled to statutory indemnity for compensation paid.

Parties
Plaintiff: Bilal Alelaimat; First Defendant: Synergy Scaffolding Services Pty Ltd; Second Defendant: Workers Compensation Nominal Insurer
Jurisdiction
Australia
Judgment Date
05 May 2022
Procedural Posture
Personal Injury Negligence Claim / Principal Judgment
Outcome
Judgment for plaintiff against first defendant; judgment for second defendant as against plaintiff; statutory indemnity with directions; cross-claims dismissed.
Legal Topics
Limitation of Actions, Negligence, Duty of Care, Workers Compensation, Medical Causation, Statutory Indemnity, Safe System of Work
Tort Law Employment Law Personal Injury Limitation of Actions Negligence Duty of Care Workers Compensation Medical Causation +2 more

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Parties

Bilal Alelaimat

Plaintiff

Synergy Scaffolding Services Pty Ltd

First Defendant

Workers Compensation Nominal Insurer

Second Defendant

Procedural Posture

Personal Injury Negligence Claim / Principal Judgment

Legal Issues

  1. 1 Whether Synergy Scaffolding owed and breached a non-delegable duty of care to the plaintiff
  2. 2 Whether the plaintiff's injury was caused by the fault of the defendant(s)
  3. 3 Whether the action was statute-barred under the Limitation Act 1969 (NSW)

Ratio Decidendi

Synergy Scaffolding, despite engaging plaintiff via labour hire, owed a non-delegable employer-like duty of care due to its day-to-day control and direction of plaintiff’s work, failed to institute a safe system of work (namely, did not create or supervise an exclusion zone during dismantling), and this breach caused plaintiff’s injury. Limitation period had not expired as plaintiff lacked requisite knowledge until 2017. DJ's Scaffolding owed duty as employer but was not negligent due to lack of control over site/system. Workers Compensation Nominal Insurer entitled to statutory indemnity for compensation paid.

Court Disposition

Judgment for plaintiff against first defendant; judgment for second defendant as against plaintiff; statutory indemnity with directions; cross-claims dismissed.

Orders

  • Judgment for the plaintiff against the first defendant in the sum of $1,356,533.39
  • Judgment for the second defendant as against the plaintiff