Novak Ruskic v Greenwich Contractors Pty Limited

In the Supreme Court of the Australian Capital Territory, Novak Ruskic sued Greenwich Contractors Pty Limited for personal injury damages sustained during the construction of student accommodation on the campus of the Australian National University. The defendant argued that the claim for damages must be assessed under the Workers Compensation Act 1987 (NSW) (NSW Act) as opposed to the Workers Compensation Act 1951 (ACT) (ACT Act). The Court ruled that the defendant could amend its pleadings to include the additional paragraph that the substantive law of the NSW applies to the plaintiff’s claim (Section 182D Workers Compensation Act 1951 (ACT)). The Court found that the defendant breached its duty of care and that the breach of duty was causally related to the disabilities suffered by the plaintiff. The Court further found that the breach of duty of the defendant caused the present disabilities suffered by the plaintiff in the sense required by s 45 of the Civil Law (Wrongs) Act 2003. In summary, the damages to which the plaintiff is entitled are (a) past loss of earnings $86,886 (b) superannuation at 11% $9,557 (c) Fox v Wood (agreed figure) $14,472. The Court will hear the parties as to whether the plaintiff may also recover interest in the circumstances of this case having regard to the terms of s 182B of the ACT Act and s 151M of the NSW Act.