Stojkoski v Belconnen Concrete Pty Ltd

The plaintiff, Angelo Stojkoski, commenced proceedings in the Supreme Court of the ACT against his employer, Belconnen Concrete, and three other defendants, namely CCB, Rovera and Ironbat, seeking damages for personal injuries he suffered when he fell from a ladder on a construction site at the Canberra Airport. The plaintiff's claims against each defendant were based on negligence at common law, breach of statutory duty under the Scaffolding and Lifts Regulation 1950 (ACT) and, in the case of Belconnen Concrete, breach of the contract of employment. The defendants all cross-claimed against each other for contribution or indemnity. The parties agreed that the total damages payable to the plaintiff were $705,000.00 and, accordingly, the only issue before the court was the apportionment of liability among the defendants. The court found that all defendants had breached their statutory duties and that two of them, CCB and Ironbat, had also breached their common law duties. The court considered the principles of apportionment of liability in tort and the principles for determining the relative negligence of tortfeasors. The court found that Belconnen Concrete was liable for 15% of the total damages, CCB was liable for 35%, Rovera was liable for 15% and Ironbat was liable for 35%.