Abrahim v Parkview Constructions Pty Limited (No 2) [2013] NSWSC 95

Abrahim v Parkview Constructions Pty Limited (No 2) [2013] NSWSC 95

The scaffolder's responsibility for the accident was assessed at 60% and the builder's at 40% based on their respective failures; the scaffolder should have tied the relevant plank to the support and the builder failed to comply with its inspection regime.

Parties
Plaintiff: Ronnie Abrahim; First Defendant: Parkview Constructions Pty Limited; Second Defendant: Erect Safe Scaffolding (Australia) Pty Limited; Third Defendant: Bluestar Painting Solutions Pty Ltd
Jurisdiction
Australia
Judgment Date
19 February 2013
Procedural Posture
Consequential Orders / Apportionment of Liability After Judgment
Outcome
First defendant to pay 40% and second defendant 60% of plaintiff's judgment of 23 November 2012.
Legal Topics
Joint Tortfeasors, Apportionment, Liability of Builder and Scaffolder, Accident on Building Site
Torts Negligence Joint Tortfeasors Apportionment Liability of Builder and Scaffolder Accident on Building Site

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Parties

Ronnie Abrahim

Plaintiff

Parkview Constructions Pty Limited

First Defendant

Erect Safe Scaffolding (Australia) Pty Limited

Second Defendant

Bluestar Painting Solutions Pty Ltd

Third Defendant

Procedural Posture

Consequential Orders / Apportionment of Liability After Judgment

Legal Issues

  1. 1 appropriate contribution by joint tortfeasors to judgment sum
  2. 2 extent of responsibility for accident between builder and scaffolder

Ratio Decidendi

The scaffolder's responsibility for the accident was assessed at 60% and the builder's at 40% based on their respective failures; the scaffolder should have tied the relevant plank to the support and the builder failed to comply with its inspection regime.

Court Disposition

First defendant to pay 40% and second defendant 60% of plaintiff's judgment of 23 November 2012.

Orders

  • Parkview Constructions Pty Limited is to pay 40% of the judgment sum.
  • Erect Safe Scaffolding (Australia) Pty Limited is to pay 60% of the judgment sum.