Jones v Dyldam Developments Pty Ltd & Anor [2007] NSWSC 754

Jones v Dyldam Developments Pty Ltd & Anor [2007] NSWSC 754

The plaintiff's injury occurred substantially as he described while pushing a loaded wheelbarrow over unsafe, uneven, debris-strewn and disturbed ground on Dyldam's construction site. Dyldam, as controller of the site, breached its duty of care by permitting unsafe conditions for that work. Sydney Bricklaying, as the plaintiff's employer, also breached its non-delegable duty to provide a safe place of work and safe working conditions. The plaintiff met the statutory impairment threshold and was permanently and totally incapacitated for work. Damages were to be assessed under the different statutory regimes applicable to each defendant, with future economic loss reduced by 15 percent for...

Jurisdiction
Australia
Judgment Date
13 July 2007
Procedural Posture
Personal Injury Negligence Claim for Damages Arising From Workplace Injury, With Cross Claims for Contribution or Indemnity / Trial Judgment After Hearing
Outcome
Verdict for the plaintiff against both defendants; parties to bring in short minutes of orders reflecting the findings and conclusions.
Legal Topics
['duty of Care on Construction Site' "employer's Non Delegable Duty to Provide a Safe Place of Work" 'breach of Duty by Occupier/controller of Worksite' 'causation and Credibility' 'permanent Incapacity for Work' 'assessment of Damages Under the Civil Liability Act 2002' 'assessment of Damages Under the Workers Compensation Act 1987' 'apportionment Between Tortfeasors' 'section 151 Z Reduction' 'medical Evidence and Litigation Costs']
['tort' 'negligence' 'personal Injury' 'workers Compensation' 'damages' 'practice and Procedure'] ['duty of Care on Construction Site' "employer's Non Delegable Duty to Provide a Safe Place of Work" 'breach of Duty by Occupier/controller of Worksite' 'causation and Credibility' 'permanent Incapacity for Work' 'assessment of Damages Under the Civil Liability Act 2002' 'assessment of Damages Under the Workers Compensation Act 1987' 'apportionment Between Tortfeasors' 'section 151 Z Reduction' 'medical Evidence and Litigation Costs']

Case Brief

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Procedural Posture

Personal Injury Negligence Claim for Damages Arising From Workplace Injury, With Cross Claims for Contribution or Indemnity / Trial Judgment After Hearing

Legal Issues

  1. 1 ['Whether the plaintiff was injured while pushing a loaded wheelbarrow over uneven and disturbed ground on the building site.' "Whether Dyldam Developments Pty Ltd breached its duty of care by permitting an unsafe worksite surface for the plaintiff's work." 'Whether Sydney Bricklaying breached its duty of care as employer to provide a safe place of work and safe working conditions.' "Whether the plaintiff's injury met the statutory impairment threshold for common law damages against the employer." 'How damages should be assessed against the employer under the Workers Compensation Act 1987 and against the non-employer defendant under the Civil Liability Act 2002.' 'How responsibility should be apportioned between Dyldam and Sydney Bricklaying, including for the purposes of s 151Z of the Workers Compensation Act 1987.' "Whether Dyldam could rely on s 151Z despite the plaintiff's argument that it had not been pleaded."]

Ratio Decidendi

The plaintiff's injury occurred substantially as he described while pushing a loaded wheelbarrow over unsafe, uneven, debris-strewn and disturbed ground on Dyldam's construction site. Dyldam, as controller of the site, breached its duty of care by permitting unsafe conditions for that work. Sydney Bricklaying, as the plaintiff's employer, also breached its non-delegable duty to provide a safe place of work and safe working conditions. The plaintiff met the statutory impairment threshold and was permanently and totally incapacitated for work. Damages were to be assessed under the different statutory regimes applicable to each defendant, with future economic loss reduced by 15 percent for...

Court Disposition

Verdict for the plaintiff against both defendants; parties to bring in short minutes of orders reflecting the findings and conclusions.

Orders

  • ['Verdict for the plaintiff against the first defendant.' 'Verdict for the plaintiff against the second defendant.' 'The parties are to bring in short minutes of orders to reflect the findings of fact and conclusions herein.']