Dean Malcolm Gimbert v Boyd Goodear (Taree) [2007] NSWDC 200

Dean Malcolm Gimbert v Boyd Goodear (Taree) [2007] NSWDC 200

The defendant breached his duty of care in providing unsafe access for delivery to the site, causing the plaintiff's injury. The employer was also negligent for not giving proper instructions regarding deliveries under unsafe conditions. Liability apportioned between defendant (80%) and employer (20%). Damages assessed, cross-claim dismissed, no contributory negligence by plaintiff.

Jurisdiction
Australia
Judgment Date
05 October 2007
Procedural Posture
Civil / Judgment
Outcome
Judgment for plaintiff; cross-claim dismissed; parties to bring in short minutes to reflect determination.
Legal Topics
['personal Injury' 'negligence' 'duty of Care' 'assessment of Damages' 'apportionment of Liability']
['tort Law' 'workers Compensation'] ['personal Injury' 'negligence' 'duty of Care' 'assessment of Damages' 'apportionment of Liability']

Case Brief

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Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 ['Whether the builder owed the plaintiff a duty of care and breached that duty by failing to provide safe access to the worksite' 'Whether the employer was negligent in failing to give instructions concerning delivery to unsafe sites' 'Apportionment of liability between builder and employer' 'Assessment of damages including non-economic loss and economic loss' 'Contributory negligence']

Ratio Decidendi

The defendant breached his duty of care in providing unsafe access for delivery to the site, causing the plaintiff's injury. The employer was also negligent for not giving proper instructions regarding deliveries under unsafe conditions. Liability apportioned between defendant (80%) and employer (20%). Damages assessed, cross-claim dismissed, no contributory negligence by plaintiff.

Court Disposition

Judgment for plaintiff; cross-claim dismissed; parties to bring in short minutes to reflect determination.

Orders

  • ['Reasons for Judgment delivered and published.' 'Stand proceedings over for mention before judge at 9.30am on Thursday 8 November 2007; parties to bring in short minutes of order.' 'Direction that exhibits be returned.']