Court of Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Value Constructions Pty Ltd v Badra [2024] NSWCA 181 Hearing dates: 24 April 2024 Date of orders: 31 July 2024 Decision date: 31 July 2024 Before: Leeming JA at [1];
Kirk JA at [2];
Griffiths AJA at [79]Decision: (1) Appeal upheld in part.
(2) The orders made by Cavanagh J on 12 December 2023 are varied as follows:
(a) In order 1, the judgment sum is $839,869.04;
(b) In order 2, the judgment sum is $619,925.00;
(c) In order 3, the judgment sum is $309,562.50.
(3) If the parties do not agree on appropriate orders as to costs then:
(a) The appellant may file and serve written submissions of up to 3 pages on the issue, along with any evidence relied on, by 5pm on 7 August 2024.
(b) The respondents may file and serve written submissions of up to 3 pages on the issue, along with any evidence relied on, by 5pm on 13 August 2024.
(c) The appellant may file and serve any reply submissions, of no more than 2 pages, by 5pm on 16 August 2024.
Catchwords: NEGLIGENCE — Workplace injury — Where worker fell in a stormwater drain on construction site — Whether accident occurred as alleged — Competing testimony of witnesses — Whether director of appellant knew or ought to have know that the drain was uncovered — Director knew the drain was uncovered
NEGLIGENCE — Duty of care — Duty of occupier to employee of subcontractor — Whether it was reasonable for occupier to assume that that a competent contractor would have addressed the risk — Occupier owes a duty to use reasonable care to avoid physical injury to individuals on site — Occupier was negligent
NEGLIGENCE — CLA s 5D — Whether the negligence was a necessary condition of the occurrence of the harm — Proximate cause irrelevant
WORKERS COMPENSATION — Common law remedies — Workers Compensation Act 1987 (NSW) ss 151A and 151Z — Damages payable by a non-employer — Proper operation of s 151Z(2) — Consensual adjustment of figures
Legislation Cited: Civil Liability Act 2002 (NSW), s 5D
Workers Compensation Act 1987 (NSW) ss 151A, 151Z
Workers Compensation Regulation 2016 (NSW), Sch 7
Cases Cited: A V Jennings Ltd v Thomas [2004] NSWCA 309
Amaca Pty Ltd v Booth [2011] HCA 53; (2011) 246 CLR 36
Archer v Hall [1967] 1 NSWR 107
Australian Safeway Stores Pty Ltd v Zaluzna [1987] HCA 7; (1987) 162 CLR 479
Badra v Value Constructions Pty Ltd [2023] NSWSC 1307
Badra v Value Constructions Pty Ltd (No 2) [2023] NSWSC 1655
Christmas v General Cleaning Contractors Ltd [1952] 1 KB 141
Felk Industries Pty Limited v Mallet [2005] NSWCA 111
General Cleaning Contractors Ltd v Christmas [1953] AC 180
Gould v Vaggelas [1984] HCA 68; (1984) 157 CLR 215
Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Ltd [2013] HCA 10; (2013) 247 CLR 613
Continue reading Value Constructions Pty Ltd v Badra
Sign in free to access the full text
- AGLC
- Value Constructions Pty Ltd v Badra [2024] NSWCA 181
- Case
- [2024] NSWCA 181
- Decision Date
CaseChat Overview and Summary
The court was required to determine several legal issues, including whether Value Constructions Pty Ltd owed a duty of care to the employee of a subcontractor, and if so, whether it breached that duty. Specifically, the court considered whether it was reasonable for the occupier to assume that a competent contractor would have addressed the risk of an uncovered drain. Furthermore, the court had to assess whether the negligence of Value Constructions Pty Ltd was a necessary condition of the occurrence of the harm, as contemplated by section 5D of the Civil Liability Act 2002 (NSW), and the proper operation of section 151Z(2) of the Workers Compensation Act 1987 (NSW) concerning damages payable by a non-employer.
The Court of Appeal found that the occupier owed a duty to use reasonable care to avoid physical injury to individuals on the site and that Value Constructions Pty Ltd was negligent in its duty of care. The court determined that the director knew the drain was uncovered, establishing the necessary causal link for liability under section 5D of the Civil Liability Act. The court also addressed the application of section 151Z(2) of the Workers Compensation Act, indicating that consensual adjustments of figures were permissible.
The appeal was upheld in part, and the orders made by Cavanagh J on 12 December 2023 were varied. The judgment sums were adjusted to $839,869.04, $619,925.00, and $309,562.50 for the respective orders. The court also set out a timetable for parties to file submissions regarding costs if they could not reach an agreement.
Orders
Orders of the court
(1) Appeal upheld in part.
(2) The orders made by Cavanagh J on 12 December 2023 are varied as follows:
(a) In order 1, the judgment sum is $839,869.04;
(b) In order 2, the judgment sum is $619,925.00;
(c) In order 3, the judgment sum is $309,562.50.
(3) If the parties do not agree on appropriate orders as to costs then:
(a) The appellant may file and serve written submissions of up to 3 pages on the issue, along with any evidence relied on, by 5pm on 7 August 2024.
(b) The respondents may file and serve written submissions of up to 3 pages on the issue, along with any evidence relied on, by 5pm on 13 August 2024.
(c) The appellant may file and serve any reply submissions, of no more than 2 pages, by 5pm on 16 August 2024.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.