Recent Cases

Synergy Scaffolding Services Pty Ltd v Alelaimat [2023] NSWCA 213 (07 September 2023) (Meagher and Kirk JJA, Simpson AJA)


Catchwords:


NEGLIGENCE — breach of duty of care — non-delegable duty of care — employer and employee — labour-hire company — where services of employee contracted out — contractor failed to provide a safe system of work — relevance of steps by employer to ensure that the contractor instituted a safe system of work — relevance of opportunity for employer to intervene to prevent injury

WORKERS COMPENSATION — common law remedies — Workers Compensation Act 1987 (NSW) s 151Z — adjustment of damages under s 151Z(2)(c) — whether employer able to claim recovery of compensation payments from third party tortfeasor under s 151Z(1)(d) in circumstances where employer was joint tortfeasor — construction of s 151Z(2)(e) — whether worker “does not accept satisfaction of the judgment against that employer” — whether s 151A applies — liability of worker to repay compensation out of damages under s 151Z(1)(b)

TORTS — joint and several liability — contribution —Law Reform (Miscellaneous Provisions) Act 1946 (NSW) s 5 — “just and equitable” — onus of proof — claim by tortfeasor against injured worker’s employer — where employer also a tortfeasor — where no evidence of responsibility of employer for injury suffered by employee — no contribution ordered

LIMITATION OF ACTIONS — torts — personal injury — Limitation Act 1969 (NSW) s 50C, s 50D — 3 year post discoverability limitation period — whether cause of action discoverable — where plaintiff unaware of true employer — where legal advisers advised a claim for workers compensation, but not common law damages — whether plaintiff knew the fact that the injury was caused by the fault of the defendant — whether plaintiff knew the fact that the injury was sufficiently serious to justifying the bringing of an action on the cause of action

WORDS AND PHRASES — Limitation Act 1969 (NSW) s 50D — “know” — “fact”