Wright by his tutor Wright v Optus Administration Pty Limited

Case [2015] NSWSC 160


Supreme Court


New South Wales

  • Amendment notes
Medium Neutral Citation: Wright by his tutor Wright v Optus Administration Pty Limited [2015] NSWSC 160
Hearing dates:11, 12, 13, 14, 15, 18, 21 & 22 November 2013
Date of orders: 06 March 2015
Decision date: 06 March 2015
Jurisdiction:Common Law
Before: Campbell J
Decision:

My orders are:
Judgment for the plaintiff against the first defendant in the sum of $3,851,286.
Under s 77(2) Civil Procedure Act 2005 (NSW), I direct that the judgment money is to be paid into Court and to be held by the Registrar pending an application for either management under New South Wales Trustee & Guardian Act 2009 (NSW) or an order for payment under s 77(3) Civil Procedure Act 2005.
Direct the Registrar to inform the New South Wales Trustee & Guardian of the terms of the award I propose to make in accordance with s 23(3) Civil Liability Act 2002.
Judgment for the second defendant on the first defendant’s cross claim.
Declare that under the provisions of s 151Z(1)(d) Workers’ Compensation Act 1987, the first defendant is bound to indemnify the second defendant for all amounts paid to, for or on behalf of the plaintiff under the 1987 Act.
The first defendant to pay the plaintiff’s costs of and incidental to the proceedings forthwith after they have been agreed or assessed.
First defendant to pay the second defendant’s costs of and incidental to the proceedings forthwith after they have been agreed or assessed.
Under Rule 36.11 Uniform Civil Procedure Rules 2005 defer entry of the judgments and orders pronounced until further order.
List the matter for directions for Campbell J at 9:30 am Friday 20 March 2015.
Parties to have liberty to apply to be exercised by written submissions lodged with the associate to Campbell J no later than 4:30 pm 18 March 2015.

Catchwords:

TORTS – negligence – liability for criminal act of co-worker – whether exception to Modbury principle – causation where psychological injury caused by attempted murder

TORTS – negligence – whether a duty of care is owed by the defendant where the plaintiff was contracted out from a labour hire company – whether such a duty is analogous to an employer and employee relationship - whether the defendant has breached its duty of care to the plaintiff under the Civil Liability Act

TORTS – negligence – the liability of the employer to the plaintiff – whether absence of employers control took risk outside scope of employers liability – application of s 151Z Workers Compensation Act

WORKERS’ COMPENSATION – employer’s liability – psychological injury – the application of Part 3 of the Civil Liability Act – whether the risk of personal injury including mental harm was reasonably foreseeable

DAMAGES – torts – negligence – workers’ compensation – quantum of damages for near catastrophic injury
Legislation Cited: Civil Liability Act 2002 (NSW);
Law Reform (Miscellaneous Provisions) Act 1946 (NSW);
Workers Compensation Act 1987 (NSW)
Cases Cited: Adeels Palace Pty Ltd v Moubarak…

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Wright by his tutor Wright v Optus Administration Pty Limited [2015] NSWSC 160
Case
[2015] NSWSC 160
Decision Date

CaseChat Overview and Summary

In Wright by his tutor Wright v Optus Administration Pty Limited, the plaintiff alleged that he suffered psychological injury as a result of an attempted murder by a co-worker, who was an employee of the defendant. The defendant was alleged to be vicariously liable for the co-worker's criminal act. The Court of Appeal was required to determine whether the defendant's liability for the co-worker's criminal act constituted an exception to the Modbury principle, whether the defendant owed a duty of care to the plaintiff, and whether the defendant breached that duty.

The court held that the defendant's liability for the co-worker's criminal act was not an exception to the Modbury principle. The court found that the defendant did not owe a duty of care to the plaintiff, as the plaintiff was contracted out from a labour hire company and the defendant did not have control over the plaintiff's employment. The court further found that the risk of personal injury, including mental harm, was not reasonably foreseeable and that the defendant's absence of control took the risk outside the scope of the defendant's liability. The court held that the plaintiff's claim was statute-barred under section 151Z of the Workers Compensation Act.

The court concluded that the plaintiff's claim for damages for negligence was statute-barred under the Workers Compensation Act. The court also found that the plaintiff's claim for damages for workers' compensation was statute-barred under section 151Z of the Workers Compensation Act. The court held that the plaintiff's claim for damages for psychological injury was not reasonably foreseeable and that the defendant did not owe a duty of care to the plaintiff. The court found that the plaintiff's claim for damages for workers' compensation was statute-barred under section 151Z of the Workers Compensation Act.

Orders

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Background

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Evidence

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Decision

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Ratio Decidendi

Legal Principle Established

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