Oroz v Hansen Yuncken Pty Ltd & Anor [2004] NSWSC 1288

Oroz v Hansen Yuncken Pty Ltd & Anor [2004] NSWSC 1288

Both defendants owed and breached statutory and common law duties to the plaintiff, directly causing his injuries, and are jointly and equally liable in damages; no contributory negligence is established; damages are to be assessed per common law against the first defendant (subject to s151Z adjustment) and per statute against the second defendant.

Parties
Plaintiff: Ilija Oroz; 1st Defendant: Hansen Yuncken Pty Ltd; 2nd Defendant: Auburn United Formwork Pty Ltd
Jurisdiction
Australia
Judgment Date
01 October 2004
Procedural Posture
Damages Claim for Personal Injury / Judgment After Trial
Outcome
Judgment for the plaintiff against both defendants; damages for personal injury assessed; equal responsibility apportioned between defendants; contributory negligence not established.
Legal Topics
Negligence, Damages, Breach of Statutory Duty, Contributory Negligence, Proportionate Liability
Tort Law Personal Injury Statutory Duty Negligence Damages Breach of Statutory Duty Contributory Negligence Proportionate Liability

Case Brief

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Parties

Ilija Oroz

Plaintiff

Hansen Yuncken Pty Ltd

1st Defendant

Auburn United Formwork Pty Ltd

2nd Defendant

Procedural Posture

Damages Claim for Personal Injury / Judgment After Trial

Legal Issues

  1. 1 Whether each defendant owed and breached a statutory and/or common law duty to the plaintiff
  2. 2 Whether breaches of statutory duty under Construction Safety Act Regulations were established against each defendant
  3. 3 Whether the plaintiff was guilty of contributory negligence

Ratio Decidendi

Both defendants owed and breached statutory and common law duties to the plaintiff, directly causing his injuries, and are jointly and equally liable in damages; no contributory negligence is established; damages are to be assessed per common law against the first defendant (subject to s151Z adjustment) and per statute against the second defendant.

Court Disposition

Judgment for the plaintiff against both defendants; damages for personal injury assessed; equal responsibility apportioned between defendants; contributory negligence not established.

Orders

  • Verdict and judgment for plaintiff against each defendant
  • Damages to be quantified as per findings and adjusted where appropriate