Scott v S & E Visser Pty Ltd [2000] NSWSC 265

Scott v S & E Visser Pty Ltd [2000] NSWSC 265

The defendant breached reg 73(3) of the regulations under the Construction Safety Act by failing to secure the plaintiff from falling more than 1.8 metres, an absolute statutory duty breach constituting both breach of statutory duty and negligence. Plaintiff's contributory negligence in stepping off the walkway justifies a 15% reduction of damages. Plaintiff entitled to damages assessed accordingly.

Parties
Plaintiff: Robert William Scott; Defendant: S & E Visser Pty Limited
Jurisdiction
Australia
Judgment Date
05 April 2000
Procedural Posture
Civil / Judgment After Trial
Outcome
Verdict and judgment for the plaintiff in the sum of $801,772 after 15% deduction for contributory negligence.
Legal Topics
Negligence, Statutory Duty, Workplace Injury, Damages, Contributory Negligence
Tort Law Employment Law Occupational Health and Safety Negligence Statutory Duty Workplace Injury Damages Contributory Negligence

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Parties

Robert William Scott

Plaintiff

S & E Visser Pty Limited

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the defendant was negligent or breached statutory duty resulting in plaintiff's injury
  2. 2 Whether the plaintiff was guilty of contributory negligence and, if so, the amount of reduction in damages
  3. 3 Assessment of damages for personal injury following workplace accident

Ratio Decidendi

The defendant breached reg 73(3) of the regulations under the Construction Safety Act by failing to secure the plaintiff from falling more than 1.8 metres, an absolute statutory duty breach constituting both breach of statutory duty and negligence. Plaintiff's contributory negligence in stepping off the walkway justifies a 15% reduction of damages. Plaintiff entitled to damages assessed accordingly.

Court Disposition

Verdict and judgment for the plaintiff in the sum of $801,772 after 15% deduction for contributory negligence.

Orders

  • Defendant to pay the assessed damages ($801,772) to the plaintiff.
  • Defendant to pay the plaintiff's costs.