Sam Chamma v Soliman & Sons Pty Ltd & Ors [2008] NSWSC 165

Sam Chamma v Soliman & Sons Pty Ltd & Ors [2008] NSWSC 165

Both Soliman & Sons Pty Ltd and Chubs Construction Pty Ltd breached their respective duties of care, exposing Plaintiff to a dangerous work situation. Soliman, as head contractor, knew of site dangers and permitted work in unsafe conditions. Chubs failed to instruct its employees regarding risks of working at heights and placed a 4th year apprentice as team leader. Plaintiff contributorily negligent but heavily pressured by Defendants. Apportionment: Soliman 75%, Chubs 25%. Plaintiff entitled to damages subject to reduction for 10% contributory negligence and statutory adjustments under Workers Compensation Act.

Parties
Plaintiff: Sam Chamma; First Defendant: Soliman & Sons Pty Ltd; Second Defendant: Chubs Construction Pty Ltd; Third Defendant: APA Construction & Consulting (Patrick Atra)
Jurisdiction
Australia
Judgment Date
05 March 2008
Procedural Posture
Personal Injury (workplace Accident) / Judgment After Trial
Outcome
Plaintiff successful against Soliman & Sons Pty Ltd and Chubs Construction Pty Ltd; proceedings against APA Construction & Consulting dismissed with no order as to costs.
Legal Topics
Negligence, Duty of Care, Occupational Health and Safety, Contributory Negligence, Apportionment of Liability, Damages Assessment, Psychiatric Injury, Personal Injury at Work, Workers Compensation
Tort Law Employment Law Workers Compensation Negligence Duty of Care Occupational Health and Safety Contributory Negligence Apportionment of Liability +3 more

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Parties

Sam Chamma

Plaintiff

Soliman & Sons Pty Ltd

First Defendant

Chubs Construction Pty Ltd

Second Defendant

APA Construction & Consulting (Patrick Atra)

Third Defendant

Procedural Posture

Personal Injury (workplace Accident) / Judgment After Trial

Legal Issues

  1. 1 Whether Plaintiff's injuries were caused by negligence and breach of duty of care by Defendants
  2. 2 Whether Occupational Health and Safety Regulation 2001 was breached
  3. 3 Apportionment of liability between Defendants

Ratio Decidendi

Both Soliman & Sons Pty Ltd and Chubs Construction Pty Ltd breached their respective duties of care, exposing Plaintiff to a dangerous work situation. Soliman, as head contractor, knew of site dangers and permitted work in unsafe conditions. Chubs failed to instruct its employees regarding risks of working at heights and placed a 4th year apprentice as team leader. Plaintiff contributorily negligent but heavily pressured by Defendants. Apportionment: Soliman 75%, Chubs 25%. Plaintiff entitled to damages subject to reduction for 10% contributory negligence and statutory adjustments under Workers Compensation Act.

Court Disposition

Plaintiff successful against Soliman & Sons Pty Ltd and Chubs Construction Pty Ltd; proceedings against APA Construction & Consulting dismissed with no order as to costs.

Orders

  • Soliman & Sons Pty Ltd to pay $1,402,460 to Plaintiff (after statutory adjustments and contributory negligence).
  • Chubs Construction Pty Ltd to pay $890,676 to Plaintiff (less payments under Workers Compensation Act, after contributory negligence).