Corbett v Toll Stevedoring Pty Ltd & Ors [2007] NSWSC 749

Corbett v Toll Stevedoring Pty Ltd & Ors [2007] NSWSC 749

The plaintiff succeeded in claims for damages against the first and fourth defendants, but the fourth defendant's liability for interest and costs was limited or excluded due to the operation of the Workers Compensation Act 1987, accompanying regulations, and because applicable statutory procedures regarding offers and mediation had not been fully engaged. Judgments for indemnity, contribution, and specific amounts were made in light of cross claims, findings on factual and legal responsibility, and statutory contributions. Costs were apportioned according to success, offers made, and applicable statutes and rules.

Parties
Plaintiff: Gary John Corbett; First Defendant: Toll Stevedoring Pty Ltd (formerly known as BHP Stevedoring Pty Ltd); Second Defendant: Oldendorff Carriers GMBH & Co; Third Defendant: Rosewater Maritime Inc; Fourth Defendant: Illawarra Stevedores Pty Ltd; Fifth Defendant: BHPB Freight Pty Ltd (formerly known as BHP Transport and Logistics Pty Ltd & BHP Transport Pty Ltd); Cross Defendant to Third Cross Claim: Employers Mutual Indemnity (Workers Compensation) Limited
Jurisdiction
Australia
Judgment Date
11 July 2007
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for plaintiff against first and fourth defendants; judgment for fifth defendant against plaintiff; various cross claims determined for or against respective parties; indemnities and contributions ordered; detailed cost orders made.
Legal Topics
Negligence, Apportionment of Liability, Costs, Contribution, Indemnity, Cross Claims
Torts Workers Compensation Civil Procedure Negligence Apportionment of Liability Costs Contribution Indemnity +1 more

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Parties

Gary John Corbett

Plaintiff

Toll Stevedoring Pty Ltd (formerly known as BHP Stevedoring Pty Ltd)

First Defendant

Oldendorff Carriers GMBH & Co

Second Defendant

Rosewater Maritime Inc

Third Defendant

Illawarra Stevedores Pty Ltd

Fourth Defendant

BHPB Freight Pty Ltd (formerly known as BHP Transport and Logistics Pty Ltd & BHP Transport Pty Ltd)

Fifth Defendant

Employers Mutual Indemnity (Workers Compensation) Limited

Cross Defendant to Third Cross Claim

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Entitlement to damages for workplace injury
  2. 2 Assessment of interest and costs between multiple parties
  3. 3 Entitlement to indemnity and contribution among defendants

Ratio Decidendi

The plaintiff succeeded in claims for damages against the first and fourth defendants, but the fourth defendant's liability for interest and costs was limited or excluded due to the operation of the Workers Compensation Act 1987, accompanying regulations, and because applicable statutory procedures regarding offers and mediation had not been fully engaged. Judgments for indemnity, contribution, and specific amounts were made in light of cross claims, findings on factual and legal responsibility, and statutory contributions. Costs were apportioned according to success, offers made, and applicable statutes and rules.

Court Disposition

Judgment for plaintiff against first and fourth defendants; judgment for fifth defendant against plaintiff; various cross claims determined for or against respective parties; indemnities and contributions ordered; detailed cost orders made.

Orders

  • Verdict and judgment for the plaintiff against the first defendant in the sum of $760,463.66.
  • Verdict and judgment for the plaintiff against the fourth defendant in the sum of $553,403.00 (not cumulative with first defendant).