Leighton Contractors Pty Ltd v Mohamad; State Rail authority of New South Wales v Mohamad

The appeal concerned a District Court action for negligence brought by Mr Mohamad against Leighton Contractors Pty Ltd and the State Rail Authority of New South Wales. The primary dispute revolved around the apportionment of liability between the two defendants for injuries sustained by Mr Mohamad. The matter came before the Court of Appeal of New South Wales.

The Court of Appeal was required to determine whether the trial judge had erred in finding both Leighton Contractors and the State Rail Authority liable in negligence. Furthermore, the Court had to consider whether the apportionment of liability between the defendants, as determined by the trial judge, was appropriate, and whether the assessment of damages awarded to Mr Mohamad should be varied.

The Court of Appeal upheld the finding of negligence against both defendants. However, it varied the apportionment of liability, indicating a different distribution of responsibility between Leighton Contractors and the State Rail Authority than that originally ordered by the District Court. The assessment of damages was also varied. The parties were directed to bring in short minutes to give effect to the Court's orders.