State of New South Wales v Charter Hall Retail Management Limited (formerly Macquarie Countrywide Management Limited)

In the case of State of New South Wales v Charter Hall Retail Management Limited, the plaintiff, the State of New South Wales, sought compensation from the defendants, Charter Hall Retail Management Limited and another entity, following an injury sustained by an employee of the plaintiff. The matter was heard in the Supreme Court of New South Wales, where the plaintiff claimed that the defendants' negligence led to the employee's injury, while the defendants argued that the injury was due to the plaintiff's negligence or was a result of contributory negligence on the part of the employee.

The legal issues before the court included determining whether the injury was caused by the defendants' negligence, whether the plaintiff or the employee was negligent, and if so, the extent of that negligence. The court had to assess whether the injury resulted from the defendants' actions and if the plaintiff or the employee contributed to the injury, which would affect the apportionment of damages.

The court found that the injury was caused by the defendants' negligence and that the plaintiff was not negligent. However, the court determined that the employee's contributory negligence amounted to 20%. The court conducted a notional assessment of the damages, taking into account the apportionment of negligence, and concluded that the plaintiff was entitled to compensation from the second defendant. The court awarded the plaintiff $325,599.36 against the second defendant, while dismissing the claim against the first defendant. The court will hear the parties on the issue of costs.