Benchmark
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Benchmark

Construction

Tuesday, 11 November 2014
Executive Summary (One Minute Read)
Coote v S & P Jackson Pty Ltd (NSWCA) - negligence - worker injured when workbox in which he was standing fell from crane - provider of equipment not liable
Zepinic v Chateau Constructions (Aust) Ltd (No 4) (NSWCA) - costs - specified gross sum of costs - indemnity costs
Summaries With Link (Five Minute Read)
Coote v S & P Jackson Pty Ltd [2014] NSWCA 385
Court of Appeal of New South Wales
Macfarlan, Barrett & Leeming JJA
Negligence - appellant worker employed by Boral as plant operator at asphalt batching plant - Boral contracted with respondent to provide crane and related equipment - worker injured when workbox in which he was standing fell to ground while suspended from crane - appellant sued respondent in negligence - primary judge concluded respondent not liable - held: evidence did not establish that any step a reasonable person in respondent's position would have taken would have avoided accident - causative negligence not proved - challenge to rejection of application to amend particulars of negligence failed - appeal dismissed.
Coote
Zepinic v Chateau Constructions (Aust) Ltd (No 4) [2014] NSWCA 383
Court of Appeal of New South Wales
Emmett JA
Costs - Court ordered that appellants pay respondent's costs of separate proceedings - respondent sought order for specified gross sum costs order - respondent also sought indemnity costs on basis of offers of compromise in Court of Appeal proceedings - held: lump sum costs assessment granted - very little element of compromise in offer in respect of 2013 Court of Appeal proceedings - however regime in r42.15A Uniform Civil Procedure Rules 2005 (NSW) should be exercised in respect of offer of compromise in 2014 proceedings.
Zepinic