Mungekar v Hermes Precisa Pty Ltd [2013] NSWCA 225

Mungekar v Hermes Precisa Pty Ltd [2013] NSWCA 225

 

Decision (i) Appeal allowed;
(ii) Set aside the orders of the District Court (Hungerford DCJ) made on 10 February 2012;
(iii) Judgment for the appellant in the sum of $309,196.33, such judgment to take effect on 10 February 2012;
(iv) Respondent to pay the appellant’s costs of the trial and of the appeal.[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court’s computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

 

 

Catchwords DAMAGES – torts – negligence – personal injury – workplace accident – appellant injured by lifting heavy metal plate – whether appellant contributorily negligent – whether appellant had knowledge of risks involved in lifting plate – whether trial judge erred by placing too much weight upon prior injury – system of work – whether trial judge erred in findings with respect to economic loss – whether appellant fit for pre-injury occupation – whether trial judge erred in findings with respect to domestic assistance. 

 

David Cormack – Brisbane Barrister.

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