Sam Chamma v Solima & Sons & Anor [2008] NSWSC 382

Sam Chamma v Solima & Sons & Anor [2008] NSWSC 382

Plaintiff's offers constituted genuine compromises and defendants had adequate opportunity to accept; failure was unreasonable, entitling Plaintiff to costs orders (including indemnity costs) as specified by procedural rules and Workers Compensation Regulation. Liability between defendants apportioned 75% Soliman, 25% Chubs; verdict amounts are not cumulative and satisfaction of one reduces the other.

Parties
Plaintiff: Sam Chamma; First Defendant: Soliman & Sons Pty Ltd; Second Defendant: Chubs Construction Pty Ltd
Jurisdiction
Australia
Judgment Date
07 May 2008
Procedural Posture
Work Injury Damages Claim / Final Judgment and Costs Orders
Outcome
Orders for verdicts and declarations as to damages and costs; apportionment of liability; allowance for two counsel fees; declaration as to repayment of compensation amounts.
Legal Topics
Costs, Mediate Settlement Offers, Apportionment of Liability
Tort Workers Compensation Costs Mediate Settlement Offers Apportionment of Liability

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Parties

Sam Chamma

Plaintiff

Soliman & Sons Pty Ltd

First Defendant

Chubs Construction Pty Ltd

Second Defendant

Procedural Posture

Work Injury Damages Claim / Final Judgment and Costs Orders

Legal Issues

  1. 1 Entitlement to costs following settlement offers
  2. 2 Apportionment of liability between multiple defendants
  3. 3 Assessment of proper quantum for damages and costs

Ratio Decidendi

Plaintiff's offers constituted genuine compromises and defendants had adequate opportunity to accept; failure was unreasonable, entitling Plaintiff to costs orders (including indemnity costs) as specified by procedural rules and Workers Compensation Regulation. Liability between defendants apportioned 75% Soliman, 25% Chubs; verdict amounts are not cumulative and satisfaction of one reduces the other.

Court Disposition

Orders for verdicts and declarations as to damages and costs; apportionment of liability; allowance for two counsel fees; declaration as to repayment of compensation amounts.

Orders

  • Verdict for Plaintiff against Soliman in sum of $1,402,460.
  • Verdict for Plaintiff against Chubs in sum of $890,676.