Stines v The GEO Group Australia Pty Limited [2021] NSWDC 550

Stines v The GEO Group Australia Pty Limited [2021] NSWDC 550

By reason of the operation of ss 26C and 26X of the Civil Liability Act 2002 (NSW), the plaintiff is precluded from recovering any damages, including exemplary damages, against the first defendant, as the assessed permanent impairment is below the 15% threshold and exemplary damages are not available in a vicarious liability claim against a protected defendant. The plaintiff has no entitlement to a further assessment of permanent impairment under the Workers Compensation statutory scheme beyond what has already occurred and been appealed. Accordingly, the proceedings as against the first defendant are dismissed.

Parties
Plaintiff: Robert Stines; First Defendant: The GEO Group Pty Limited; Second Defendant: Simon Waterfall
Jurisdiction
Australia
Judgment Date
15 October 2021
Procedural Posture
Civil / Interlocutory/procedural—determination of Motions for Summary Dismissal and Transfer to Inactive List
Outcome
Proceedings against the first defendant dismissed with costs; proceedings against the second defendant transferred to the inactive list.
Legal Topics
Intentional Torts, Personal Injury Damages, Summary Dismissal, Vicarious Liability, Offender Damages, Exemplary Damages, Permanent Impairment Assessment
Torts Civil Procedure Intentional Torts Personal Injury Damages Summary Dismissal Vicarious Liability Offender Damages Exemplary Damages +1 more

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Parties

Robert Stines

Plaintiff

The GEO Group Pty Limited

First Defendant

Simon Waterfall

Second Defendant

Procedural Posture

Civil / Interlocutory/procedural—determination of Motions for Summary Dismissal and Transfer to Inactive List

Legal Issues

  1. 1 Whether the plaintiff can recover exemplary damages against the first defendant given the statutory scheme under the Civil Liability Act 2002 (NSW)
  2. 2 Whether the plaintiff can seek a further assessment of his degree of permanent impairment
  3. 3 Whether the proceedings should be dismissed for want of due despatch

Ratio Decidendi

By reason of the operation of ss 26C and 26X of the Civil Liability Act 2002 (NSW), the plaintiff is precluded from recovering any damages, including exemplary damages, against the first defendant, as the assessed permanent impairment is below the 15% threshold and exemplary damages are not available in a vicarious liability claim against a protected defendant. The plaintiff has no entitlement to a further assessment of permanent impairment under the Workers Compensation statutory scheme beyond what has already occurred and been appealed. Accordingly, the proceedings as against the first defendant are dismissed.

Court Disposition

Proceedings against the first defendant dismissed with costs; proceedings against the second defendant transferred to the inactive list.

Orders

  • The proceedings are dismissed as against the first defendant.
  • The plaintiff is to pay the first defendant's costs of the proceedings.