Peter Richardson v Mirvac Constructions Pty Limited

District Court

New South Wales

Medium Neutral Citation:	Peter Richardson v Mirvac Constructions Pty Limited [2012] NSWDC 204
Decision date:	11 July 2012
Before:	Cogswell SC DCJ
Decision:	Verdict and judgment for the plaintiff against all defendants in the sum of $750,000.
Catchwords:	Negligence - project home balustrade gave way - personal injury - severe back injury requiring surgery, ongoing disability - parties: project home builder, staircase manufacturer, balustrade installer - responsibility for negligence of independent contractor - nature of duties owed by each defendant - question of inspection of work of subcontractors - balustrade affixed with gun driven nails - limitation of action - claim in contract against first defendant statute barred - limitation period for the cause of action against third defendant extended - damages - construction of s 50C and 50D of the Limitation Act 1969 - apportionment of responsibility and damages.
Legislation Cited:	Civil Liability Act 2002, s5D and s5E. Limitation Act 1969, s14, s50A, s50C, s50D, s50E, s60D and s60E.
Cases Cited:	Argyropoulos v Layton [2002] NSWCA 183 Leichhardt Municipal Council v Montgomery [2007] HCA 6; (2007) 230 CLR 22 New South Wales v Gillett [2012] NSWCA 83.
Category:	Principal judgment
Parties:	Peter Richardson (Plaintiff) Mirvac Constructions Pty Limited (First defendant) WB Jones Staircase and Handrail Pty Limited (Second defendant) JMKG Pty Limited (Third defendant)
Representation:	Counsel: Mr MG Gilbert (Plaintiff) Mr J Catsanos (First defendant) Mr RA Cavanagh SC (Second defendant) Mr PJ Gow (Third defendant) Solicitors: Mr BA Pierce (Plaintiff) Mr A Oag (First defendant)
File Number(s):	DC 2009/337542

Judgment

Introduction

1. Peter Richardson arranged for Mirvac, the project home builder, to build a house for him and his family at Penrith. That was in 1998. Mr Richardson and his family moved in and were living there when in 2006 an accident happened which this case is about. A balustrade on the first floor gave way under Mr Richardson's foot and he fell to the floor injuring his back. Mr Richardson sued Mirvac for damages resulting from his injury.

1. It turned out that Mirvac had contracted with a staircase manufacturer and installer called WB Jones so they were joined to the proceedings as well. But it further emerged that although WB Jones had manufactured the balustrade they had contracted with another company, JMKG, to install the balustrade. Mr Richardson made various claims against the three defendants including that each was negligent.

1. I have to decide whether Mr Richardson has made out his claims against any or all of the defendants. There are various cross-claims amongst the defendants so if Mr Richardson is successful I will have to decide not only which defendants are liable but to what extent.

Issues and Parties

1. All parties were represented by competent counsel, senior counsel in WB Jones' case, which has helped me significantly in my job of making these decisions. They agreed on a list of issues to be determined by me. That became MFI 27 and I will give my reasons by reference to that…