Kos v Dolso Constructions Pty Ltd & Ors

Kos, the plaintiff, sued Dolso Constructions Pty Ltd and others over an industrial accident that occurred at a building site. The plaintiff claimed that the accident was caused by the defendants' negligence and breaches of the Construction Safety Act 1912. The plaintiff sought damages for economic loss, including loss of earning capacity. The defendants denied liability and argued that the plaintiff had residual earning capacity. The matter was heard in the Supreme Court of Victoria.

The court was required to determine whether the defendants were negligent and breached the Construction Safety Act 1912. Additionally, the court had to assess the plaintiff's earning capacity and whether the plaintiff had any residual earning capacity. The court also had to determine the amount of damages the plaintiff was entitled to recover.

The court found that the defendants were negligent and breached the Construction Safety Act 1912. The court held that the plaintiff had no residual earning capacity and was entitled to recover the full amount of his economic loss. The court considered the plaintiff's age, health, and employment history in determining the amount of damages. The court awarded the plaintiff damages for economic loss, including loss of earning capacity.

The court ordered the defendants to pay the plaintiff $450,000 in damages for economic loss and loss of earning capacity. The court also ordered the defendants to pay the plaintiff's legal costs. The defendants were not entitled to any indemnity from the third defendant.