Kabic v Workers Compensation Nominal Insurer (No 3) [2017] NSWSC 1281

Kabic v Workers Compensation Nominal Insurer (No 3) [2017] NSWSC 1281

Caringbah and Deicorp did not breach their duty of care, lacking direct control and awareness of unsafe conditions, and plaintiff's injuries were not caused by their actions; Calcono breached its duty by directing plaintiff to work on a wet, elevated, unenclosed platform, foreseeably exposing him to risk; Calcono's breach caused the injury, but plaintiff contributed to his own injury by failing to raise unsafe conditions, apportionment of contributory negligence at 33⅓%.

Jurisdiction
Australia
Judgment Date
22 September 2017
Procedural Posture
Negligence Claim for Personal Injury / Principal Judgment
Outcome
Plaintiff's claims against first and second defendants dismissed; judgment for plaintiff against third defendant with contributory negligence and damages assessed; parties to file agreed draft orders.
Legal Topics
['negligence' 'contributory Negligence' 'non Delegable Duty' 'employer Liability' 'sub Contractor Liability' 'damages Assessment']
['tort' 'personal Injury' 'workplace Safety'] ['negligence' 'contributory Negligence' 'non Delegable Duty' 'employer Liability' 'sub Contractor Liability' 'damages Assessment']

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Procedural Posture

Negligence Claim for Personal Injury / Principal Judgment

Legal Issues

  1. 1 ['Whether each defendant breached their duty of care to the plaintiff' 'Whether the plaintiff was contributorily negligent' 'Causation and assessment of damages']

Ratio Decidendi

Caringbah and Deicorp did not breach their duty of care, lacking direct control and awareness of unsafe conditions, and plaintiff's injuries were not caused by their actions; Calcono breached its duty by directing plaintiff to work on a wet, elevated, unenclosed platform, foreseeably exposing him to risk; Calcono's breach caused the injury, but plaintiff contributed to his own injury by failing to raise unsafe conditions, apportionment of contributory negligence at 33⅓%.

Court Disposition

Plaintiff's claims against first and second defendants dismissed; judgment for plaintiff against third defendant with contributory negligence and damages assessed; parties to file agreed draft orders.

Orders

  • ['The claim of the plaintiff, Milan Kabic, against the first defendant, Caringbah Formwork Pty Ltd, is dismissed.' 'The claim of the plaintiff, Milan Kabic, against the second defendant, Deicorp Construction Pty Ltd, is dismissed.' 'Judgment for the plaintiff, Milan Kabic, against the third defendant, Calcono Pty...