Stobbe v Swadling Developments Pty Ltd

District Court

New South Wales

Medium Neutral Citation:

Stobbe v Swadling Developments Pty Ltd [2024] NSWDC 290

Hearing dates:

8-9 July 2024

Date of orders:

16 July 2024

Decision date:

16 July 2024

Jurisdiction:

Civil

Before:

Newlinds SC DCJ

Decision:

(1)   Enter judgement in favour of the Plaintiff in an amount to be agreed or assessed.

(2)   Direct the parties to bring in short minutes of order consistent with these reasons. If there is any aspect of the quantification of the Plaintiff's claim that needs further consideration, I will hear the parties.

(3)   Prima facie the Plaintiff is entitled to an order for costs, but I will hear from any party if they wish a departure from that usual result.

Catchwords:

NEGLIGENCE – Workplace accident – Carpenter working on building site pursuant to subcontract injured when sheets of gyprock left in rain collapsed on him – Civil Liability Act – Risk of harm – Precautions – Causation – Contributory negligence - Damages

Legislation Cited:

Civil Liability Act 2002 (NSW) s 5B(1); s 5B(2)

Work Health and Safety Act 2011 (NSW) s 19(3); s 20(2)

Cases Cited:

Geoffrey Barker v A J Zanco Pty Ltd t/as Krack Solutions [2023] NSWDC 43

Gomez v Woolworths Group Limited [2023] NSWDC 221

Liccardy v Daniel Payne t/as Sussex Inlet Pontoons Pty Ltd and Anor [2022] NSWDC 246

Category:

Principal judgment

Parties:

Kurt Stobbe (Plaintiff)
Swadling Developments Pty Ltd (Defendant)

Representation:

Counsel:
K Andrews (Plaintiff)
M Maconachie (Defendant)

Solicitors:
Leitch Hasson Dent (Plaintiff)
Tony Cox Lawyers & Conveyancers (Defendant)

File Number(s):

2023/85713

Publication restriction:

Nil

JUDGMENT

Introduction

1. By amended statement of claim filed 3 November 2023, the Plaintiff claims damages against the Defendant for injuries and ongoing disabilities he sustained in an accident at a building site at 5-7 Everard Street Port Macquarie on 16 March 2020.

2. On that day, the Plaintiff, who was a self-employed carpenter, was working on the site for the Defendant pursuant to a subcontract. The Defendant was the builder and/or principal contractor for building work which was being undertaken on the site.

3. 16 March 2020 was a Monday. It was raining and had been raining over the weekend. In the morning, the Plaintiff attended the site and was directed to assist with carrying out certain gyprocking and other carpentry duties, in particular some installation of gyprock that was required in the part of the site known as “Unit 9”.

4. At around lunchtime on the day, the Plaintiff, who had been working in Unit 9, was going to lunch. He noticed that approximately 10 or so large sheets of gyprock, which were leaning against the wall outside Unit 9, were getting wet because it was raining and had been raining most of the day and that a sheet of plastic which had been covering in part that gyprock had come adrift. He remembers bending over to try and get hold of the plastic so as to cover the gyprock when the sheets of gyprock collapsed on him, causing significant injuries to…