Anthony v Australian Native Landscapes Pty Ltd [2008] NSWDC 109

Anthony v Australian Native Landscapes Pty Ltd [2008] NSWDC 109

Defendant breached duty of care to worker (Mr Moore) resulting in severe injury. Plaintiff (Moore's mother) suffered recognised psychiatric illness (dysthymic disorder and panic disorder with agoraphobia) consequential to son's injury. Defendant owed and breached duty of care to plaintiff. Defendant is liable to plaintiff for $50,000 in damages for nervous shock. NSW Self Insurance Corporation, as deemed insurer under s 158 Workers Compensation Act, is liable to indemnify the defendant for damages and defence costs. First and third cross-defendants (Nominal Insurer and ACE Insurance Ltd) are not liable.

Parties
Plaintiff: Debbie Kay Anthony; Defendant/cross Claimant: Australian Native Landscapes Pty Ltd; First Cross Defendant: Workers Compensation Nominal Insurer; Second Cross Defendant: NSW Self Insurance Corporation; Third Cross Defendant: ACE Insurance Ltd
Jurisdiction
Australia
Judgment Date
02 July 2008
Procedural Posture
Civil / Judgment
Outcome
Verdict for plaintiff against defendant for $50,000; verdict for defendant/cross-claimant against second cross-defendant (NSW Self Insurance Corporation) for indemnity of damages and defence costs; verdicts for first and third cross-defendants against defendant/cross-claimant.
Legal Topics
Negligence, Employer's Duty of Care, Nervous Shock, Statutory Interpretation, Indemnity, Workers Compensation for Trainees, Public Liability Insurance
Torts Workers Compensation Insurance Law Negligence Employer's Duty of Care Nervous Shock Statutory Interpretation Indemnity +2 more

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Parties

Debbie Kay Anthony

Plaintiff

Australian Native Landscapes Pty Ltd

Defendant/cross Claimant

Workers Compensation Nominal Insurer

First Cross Defendant

NSW Self Insurance Corporation

Second Cross Defendant

ACE Insurance Ltd

Third Cross Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant breached its duty of care to its worker, Robert Moore
  2. 2 Whether Robert Moore was guilty of contributory negligence
  3. 3 Whether the plaintiff suffered nervous shock as a result of injury to her son

Ratio Decidendi

Defendant breached duty of care to worker (Mr Moore) resulting in severe injury. Plaintiff (Moore's mother) suffered recognised psychiatric illness (dysthymic disorder and panic disorder with agoraphobia) consequential to son's injury. Defendant owed and breached duty of care to plaintiff. Defendant is liable to plaintiff for $50,000 in damages for nervous shock. NSW Self Insurance Corporation, as deemed insurer under s 158 Workers Compensation Act, is liable to indemnify the defendant for damages and defence costs. First and third cross-defendants (Nominal Insurer and ACE Insurance Ltd) are not liable.

Court Disposition

Verdict for plaintiff against defendant for $50,000; verdict for defendant/cross-claimant against second cross-defendant (NSW Self Insurance Corporation) for indemnity of damages and defence costs; verdicts for first and third cross-defendants against defendant/cross-claimant.

Orders

  • Plaintiff to have judgment against defendant for $50,000.
  • Defendant to have judgment against NSW Self Insurance Corporation for indemnity of $50,000 plus costs and expenses incurred in defending plaintiff's claim.