Ramsay Surveyors Pty Ltd v Toplace Pty Ltd & Others; Khouri v Toplace Pty Ltd & Others; Khouri v Toplace Pty Ltd & Others [2023] NSWDC 53

Ramsay Surveyors Pty Ltd v Toplace Pty Ltd & Others; Khouri v Toplace Pty Ltd & Others; Khouri v Toplace Pty Ltd & Others [2023] NSWDC 53

Toplace (principal contractor) and Summit (formwork subcontractor) both breached their duties of care by failing to ensure open penetrations were properly guarded and safe for workers. Ramsay Surveyors (employer) also breached its duty by failing to specifically instruct its employee to maintain a safe distance from penetrations. The causal link between each party’s neglect and the plaintiff’s injury was established. No contributory negligence is found against the plaintiff due to his inexperience and lack of adequate instruction. Damages recoverable are to be reduced to reflect employer's liability under s 151Z(2)(c) of the Workers Compensation Act. For Mrs Khouri's claim for mental...

Jurisdiction
Australia
Judgment Date
13 March 2023
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for the plaintiffs in the three sets of proceedings, with verdicts and damages as specified. Damages apportioned to reflect employer's liability; costs orders in plaintiff’s favour in each proceeding.
Legal Topics
["employer's Liability" 'principal Contractor Liability' 'subcontractor Liability' 'statutory Interpretation' 'mental Harm' 'workplace Injury' 'contributory Negligence' 'apportionment' 'indemnity Under Workers Compensation Statutes']
['torts' 'workplace Safety' 'negligence'] ["employer's Liability" 'principal Contractor Liability' 'subcontractor Liability' 'statutory Interpretation' 'mental Harm' 'workplace Injury' 'contributory Negligence' 'apportionment' 'indemnity Under Workers Compensation Statutes']

Case Brief

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Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 ['Whether Toplace (principal contractor) and Summit (formwork subcontractor) breached their duty of care to the plaintiff resulting in injury' 'Whether Ramsay Surveyors (employer) breached its duty of care to its employee resulting in injury' "Whether damages should be apportioned by reason of employer's negligence (Workers Compensation Act 1987 (NSW) s 151Z)" 'Whether plaintiff contributed to his own injury (contributory negligence)' 'Assessment of liability and apportionment as between joint tortfeasors' 'Whether mother of injured worker can recover damages for mental harm, and whether such damages are subject to reduction by operation of s 30(4) of Civil Liability Act 2002 (NSW)']

Ratio Decidendi

Toplace (principal contractor) and Summit (formwork subcontractor) both breached their duties of care by failing to ensure open penetrations were properly guarded and safe for workers. Ramsay Surveyors (employer) also breached its duty by failing to specifically instruct its employee to maintain a safe distance from penetrations. The causal link between each party’s neglect and the plaintiff’s injury was established. No contributory negligence is found against the plaintiff due to his inexperience and lack of adequate instruction. Damages recoverable are to be reduced to reflect employer's liability under s 151Z(2)(c) of the Workers Compensation Act. For Mrs Khouri's claim for mental...

Court Disposition

Judgment for the plaintiffs in the three sets of proceedings, with verdicts and damages as specified. Damages apportioned to reflect employer's liability; costs orders in plaintiff’s favour in each proceeding.

Orders

  • ["2019/392950 – Ramsay Surveyors Pty Ltd v Toplace Pty Ltd & Others: Judgment for plaintiff against first and second defendants in the sum of $216,783.28 plus $15,000 interest; judgment for cross-claimant (Toplace) against cross-defendant (Summit) for $121,398.64 plus $8,400 interest; first and second defendants to...