PERRETT v SYDNEY HARBOUR FORESHORE AUTHORITY; WINE & VINE PERSONNEL PTY LTD v SYDNEY HARBOUR FORESHORE AUTHORITY [2009] NSWSC 1026

PERRETT v SYDNEY HARBOUR FORESHORE AUTHORITY; WINE & VINE PERSONNEL PTY LTD v SYDNEY HARBOUR FORESHORE AUTHORITY [2009] NSWSC 1026

Defendants breached duty of care owed to plaintiff by failing to adequately delineate steps and improperly placing sign, contributing to plaintiff's fall; risk of harm was not obvious to a reasonable person in plaintiff's position; voluntary assumption of risk, inherent risk, dangerous recreational activity and contributory negligence defences not made out; employer entitled to indemnity and interest as compensation payments made pursuant to s 151Z(1)(d) Workers Compensation Act 1987.

Jurisdiction
Australia
Judgment Date
30 September 2009
Procedural Posture
Negligence/contributory Negligence and Indemnity Claim / Principal Judgment
Outcome
Judgment for plaintiffs;
Legal Topics
['negligence' 'duty of Care' 'obvious Risk' 'voluntary Assumption of Risk' 'contributory Negligence' "worker's Compensation" 'indemnity' 'failure to Warn']
['tort' 'workers Compensation' 'practice and Procedure'] ['negligence' 'duty of Care' 'obvious Risk' 'voluntary Assumption of Risk' 'contributory Negligence' "worker's Compensation" 'indemnity' 'failure to Warn']

Case Brief

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Procedural Posture

Negligence/contributory Negligence and Indemnity Claim / Principal Judgment

Legal Issues

  1. 1 ['Whether defendants were negligent for failing to delineate steps and place the car park sign;' 'Whether the risk was an obvious risk under s 5F Civil Liability Act 2002 and its relevance to breach;' 'Whether voluntary assumption of risk, s 5H (no proactive duty to warn of obvious risk), s 5I (inherent risk), s 5K (dangerous recreational activity) defences applied;' 'Whether plaintiff contributed to harm by contributory negligence;' 'Whether employer entitled to indemnity and interest on workers compensation payments under s 151Z(1)(d) Workers Compensation Act 1987']

Ratio Decidendi

Defendants breached duty of care owed to plaintiff by failing to adequately delineate steps and improperly placing sign, contributing to plaintiff's fall; risk of harm was not obvious to a reasonable person in plaintiff's position; voluntary assumption of risk, inherent risk, dangerous recreational activity and contributory negligence defences not made out; employer entitled to indemnity and interest as compensation payments made pursuant to s 151Z(1)(d) Workers Compensation Act 1987.

Court Disposition

Judgment for plaintiffs;

Orders

  • ["In proceedings 20429/06: Verdict and judgment for plaintiff in sum of $735,667.07; defendants to pay plaintiff's costs of proceedings." 'In proceedings 20528/08: Judgment for plaintiff in sum of $223,308.93.' 'Costs reserved for Wine & Vine Personnel Pty Ltd pending further submissions.']