LUCAS v IMPACT BUILDING Pty Ltd & ANOR J&P EMPLOYMENT v IMPACT BUILDING Pty Ltd & ANOR [2007] NSWDC 44

LUCAS v IMPACT BUILDING Pty Ltd & ANOR J&P EMPLOYMENT v IMPACT BUILDING Pty Ltd & ANOR [2007] NSWDC 44

The disturbed and uneven footpath was hazardous and, given the rain, wind, pedestrian crowding and umbrellas, was not obvious to Mrs Lucas before her accident. Admac Plumbing created the hazard by excavating and backfilling the trench, failed to obtain the road opening permit, failed to comply with the conditions that would have required cold mix asphalt, and failed to ensure barricades remained in place. Impact Building, as head contractor with control of the site, failed to ensure the permit was obtained, failed to familiarise itself with the permit conditions, and failed to ensure barricades were in place on 27 May 2003. Both defendants were negligent; Admac Plumbing bore 60%...

Jurisdiction
Australia
Judgment Date
03 April 2007
Procedural Posture
Civil Negligence Damages Claim and Workers Compensation Recovery Claim Under Section 151 Z of the Workers Compensation Act 1987 / Ex Tempore Judgment on Liability and Damages, Stood Over for Final Orders
Outcome
Judgment given in respect of Mrs Lucas' claim. Liability found against Admac Plumbing Services Pty Ltd to the extent of 60% and against Impact Building Pty Ltd to the extent of 40%; damages assessed at $417,904.22. Cross-claims and the section 151Z recovery matter were left for short minutes, and the matter was...
Legal Topics
['pedestrian Injury on Disturbed Footpath' 'obvious Hazard' 'head Contractor and Subcontractor Liability' "contractors' Cross Claims" 'workers Compensation Recovery' 'assessment of Damages']
['tort Law' 'negligence' 'workers Compensation' 'civil Procedure'] ['pedestrian Injury on Disturbed Footpath' 'obvious Hazard' 'head Contractor and Subcontractor Liability' "contractors' Cross Claims" 'workers Compensation Recovery' 'assessment of Damages']

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Procedural Posture

Civil Negligence Damages Claim and Workers Compensation Recovery Claim Under Section 151 Z of the Workers Compensation Act 1987 / Ex Tempore Judgment on Liability and Damages, Stood Over for Final Orders

Legal Issues

  1. 1 ["Whether either or both defendants were negligent and, if both, the proportions in which they should bear responsibility for the plaintiff's damage." 'The extent to which the plaintiff was injured and continues to be disabled by her injury, particularly as regards employment.' 'Whether the disturbed area of footpath was an obvious hazard to the plaintiff.' 'Which defendant was responsible for safeguarding members of the public against the risk of injury created by the disturbed footpath.']

Ratio Decidendi

The disturbed and uneven footpath was hazardous and, given the rain, wind, pedestrian crowding and umbrellas, was not obvious to Mrs Lucas before her accident. Admac Plumbing created the hazard by excavating and backfilling the trench, failed to obtain the road opening permit, failed to comply with the conditions that would have required cold mix asphalt, and failed to ensure barricades remained in place. Impact Building, as head contractor with control of the site, failed to ensure the permit was obtained, failed to familiarise itself with the permit conditions, and failed to ensure barricades were in place on 27 May 2003. Both defendants were negligent; Admac Plumbing bore 60%...

Court Disposition

Judgment given in respect of Mrs Lucas' claim. Liability found against Admac Plumbing Services Pty Ltd to the extent of 60% and against Impact Building Pty Ltd to the extent of 40%; damages assessed at $417,904.22. Cross-claims and the section 151Z recovery matter were left for short minutes, and the matter was...

Orders

  • ['Stood over to 9.30 on Thursday 5 April 2007 to make final orders.']