Giovenco v Dick [2010] NSWDC 4

Giovenco v Dick [2010] NSWDC 4

Both defendants owed duties of care to Mr Harley because it was reasonably foreseeable and not insignificant that a person working on or around a redundant roof-mounted solar hot water system left connected to electricity could suffer electrocution. The first defendant, as owner/occupier and commercial lessor, knew or ought to have known the redundant system remained electrically connected and failed to arrange disconnection or warn Mr Harley. The second defendant plumber knew the system would remain electrically connected after his plumbing work and failed to advise that an electrician was required, and did not reliably establish that he had fully disconnected and drained the water...

Jurisdiction
Australia
Judgment Date
04 March 2010
Procedural Posture
Civil Negligence Claim for Damages Pursuant to the Compensation to Relatives Act 1897 Arising From Fatal Electrocution / Judgment After Hearing
Outcome
Verdict and judgment for the plaintiff against each defendant in the agreed amount of $350,000; liability on the cross claims apportioned 20 per cent to the first defendant and 80 per cent to the second defendant.
Legal Topics
['fatal Electrocution' 'duty of Care' 'breach of Duty' 'causation' 'contributory Negligence' 'apportionment Between Defendants' 'compensation to Relatives']
['torts' 'negligence' "occupier's Liability" 'damages'] ['fatal Electrocution' 'duty of Care' 'breach of Duty' 'causation' 'contributory Negligence' 'apportionment Between Defendants' 'compensation to Relatives']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Negligence Claim for Damages Pursuant to the Compensation to Relatives Act 1897 Arising From Fatal Electrocution / Judgment After Hearing

Legal Issues

  1. 1 ['Whether a live and active electricity supply remained connected to the redundant solar hot water system after installation of the new gas hot water system' 'Whether the first defendant was aware, or ought to have been aware, that the electricity supply remained connected to the redundant solar hot water system' 'Whether the first defendant owed and breached a duty of care to ensure the redundant solar hot water system was safe and disconnected from electricity' 'Whether the second defendant owed and breached a duty to advise the first defendant to disconnect the electricity supply or obtain advice from a qualified electrician' "Whether the negligence of either or both defendants caused Mr Harley's death" 'Whether Mr Harley was contributorily negligent' 'How liability should be apportioned between the defendants']

Ratio Decidendi

Both defendants owed duties of care to Mr Harley because it was reasonably foreseeable and not insignificant that a person working on or around a redundant roof-mounted solar hot water system left connected to electricity could suffer electrocution. The first defendant, as owner/occupier and commercial lessor, knew or ought to have known the redundant system remained electrically connected and failed to arrange disconnection or warn Mr Harley. The second defendant plumber knew the system would remain electrically connected after his plumbing work and failed to advise that an electrician was required, and did not reliably establish that he had fully disconnected and drained the water...

Court Disposition

Verdict and judgment for the plaintiff against each defendant in the agreed amount of $350,000; liability on the cross claims apportioned 20 per cent to the first defendant and 80 per cent to the second defendant.

Orders

  • ['Verdict and judgment for the Plaintiff against each defendant in the agreed amount of $350,000' "The defendants are to pay the plaintiff's costs on the ordinary basis unless otherwise ordered" "On the cross claims the defendants are to bear responsibility for the plaintiff's verdict and judgment in the proportion...