Williams v Twynam Agricultural Group Pty Ltd & Anor

[2011] NSWSC 1098

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. NEGLIGENCE - causation - whether failure to properly mark road hazard caused accident - whether speed of vehicle caused accident - whether plaintiff keeping a proper lookout.
1. CONTRIBUTORY NEGLIGENCE - whether failure to wear seatbelt made any contribution to plaintiff's injuries.
1. CROSS-CLAIMS - apportionment of liability between occupier of farm and employer - whether employer entitled to recovery from owner of farm of compensation paid to plaintiff - section 151Z(1)(d) Workers Compensation Act 1987 - terms of contract between occupier of farm and employer - whether employer breached terms of contract - if employer breached terms of contract whether indemnity clause effective to pass onto employer the farm owner's liability to pay damages to plaintiff.
1. DAMAGES - calculation of damages against farm owner in accordance with Civil Liability Act 2005 - calculation of damages against employer pursuant to Workers Compensation Act 1987 - paucity of evidence as to economic loss - what approach to be followed by Court - plaintiff's entitlement to damages against farm owner to be adjusted by reference to s151Z(2) Workers Compensation Act 1987.