Nikola Stepic v Sydney Water Corporation and ors [2005] NSWDDT 65

Nikola Stepic v Sydney Water Corporation and ors [2005] NSWDDT 65

The deed of release, properly construed by reference to its language and the surrounding circumstances, was intended to and does operate as a bar to the plaintiff's present claim, including latent injuries, against Sydney Water Corporation.

Parties
Plaintiff: Nikola Stepic; Defendant: Sydney Water Corporation; Defendant: Christopher John Plummer, Denis William Edwards and Michael Joseph David Kissane trading as Walker Kissane and Plummer; Defendant: Francis D M Curran
Jurisdiction
Australia
Judgment Date
12 December 2005
Procedural Posture
Civil / Separate Trial of Preliminary Issue
Outcome
Proceedings against Sydney Water Corporation stayed; plaintiff to pay defendant's costs (stay on costs order pending resolution of proceedings against other defendants).
Legal Topics
Construction of Deed of Release, Release From Liability, Workers Compensation, Silicosis, Occupational Disease
Contract Law Tort Law Employment Law Construction of Deed of Release Release From Liability Workers Compensation Silicosis Occupational Disease

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Parties

Nikola Stepic

Plaintiff

Sydney Water Corporation

Defendant

Christopher John Plummer, Denis William Edwards and Michael Joseph David Kissane trading as Walker Kissane and Plummer

Defendant

Francis D M Curran

Defendant

Procedural Posture

Civil / Separate Trial of Preliminary Issue

Legal Issues

  1. 1 Whether the deed of release executed by the plaintiff on 16 June 2000 bars the plaintiff's present claim against Sydney Water Corporation.

Ratio Decidendi

The deed of release, properly construed by reference to its language and the surrounding circumstances, was intended to and does operate as a bar to the plaintiff's present claim, including latent injuries, against Sydney Water Corporation.

Court Disposition

Proceedings against Sydney Water Corporation stayed; plaintiff to pay defendant's costs (stay on costs order pending resolution of proceedings against other defendants).

Orders

  • Proceedings by the plaintiff against this defendant be stayed pending the resolution of concurrent proceedings in equity.
  • Plaintiff to pay the defendant's costs; order stayed pending the resolution of proceedings against remaining defendants.