Omar Baghdadi by his tutor Sami Kouri & Ors v P & M Quality Smallgoods Pty Ltd; Austec Panel Systems Australia Pty Limited; Vidual Pty Limited; Kaybron (No 5); and Kaybron (No 5) Pty Ltd v Vidual Pty Ltd; Austec Panel Systems Australia Pty Ltd; P & M Quality Smallgoods Pty Ltd. [2008] NSWSC 566

Omar Baghdadi by his tutor Sami Kouri & Ors v P & M Quality Smallgoods Pty Ltd; Austec Panel Systems Australia Pty Limited; Vidual Pty Limited; Kaybron (No 5); and Kaybron (No 5) Pty Ltd v Vidual Pty Ltd; Austec Panel Systems Australia Pty Ltd; P & M Quality Smallgoods Pty Ltd. [2008] NSWSC 566

Kaybron (No 5) Pty Ltd is entitled to recover damages and interest as determined, to costs against the defendants, with management of the verdict included in damages; costs follow the event. Interest on past wage loss is excluded from notional assessment absent evidence required by section 151M. Correction of the percentage deduction in damages is allowed as an accidental slip.

Jurisdiction
Australia
Judgment Date
05 June 2008
Procedural Posture
Civil / Post Judgment Orders Following Reasons for Judgment
Outcome
Judgment for plaintiffs, cross-claim/cost orders and declarations as detailed in paragraph 12.
Legal Topics
['section 151 Z Workers Compensation Act' 'costs' 'assessment of Damages' 'interest on Damages' 'cross Claims']
['workers Compensation' 'tort'] ['section 151 Z Workers Compensation Act' 'costs' 'assessment of Damages' 'interest on Damages' 'cross Claims']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Post Judgment Orders Following Reasons for Judgment

Legal Issues

  1. 1 ['Entitlement to costs for Kaybron (No 5) Pty Ltd' 'Application of interest to past wage loss for Omar Baghdadi under section 151M of the Workers Compensation Act' 'Assessment and allocation of damages and contributions among defendants' 'Correction of accidental slip in damages calculation under rule 36.17' 'Entitlement to damages for management of verdict funds']

Ratio Decidendi

Kaybron (No 5) Pty Ltd is entitled to recover damages and interest as determined, to costs against the defendants, with management of the verdict included in damages; costs follow the event. Interest on past wage loss is excluded from notional assessment absent evidence required by section 151M. Correction of the percentage deduction in damages is allowed as an accidental slip.

Court Disposition

Judgment for plaintiffs, cross-claim/cost orders and declarations as detailed in paragraph 12.

Orders

  • ['Verdict for Omar Baghdadi against all three defendants: $16,874,868' 'Verdict for Sami Kouri against all three defendants: $219,940' 'Verdict for Judith Cohen against all three defendants: $347,625' "Defendants to pay plaintiffs' costs" 'Defendants liable to contribute equally to verdicts and costs' 'Verdict for P...