Synergy Scaffolding Services Pty Ltd v Alelaimat

• 1. Negligence
  2. › Non-delegable duty of care
  3. › Employer and employee
  4. › Labour-hire arrangements
  5. › Whether employer liable for negligence of host company to which employee's services contracted out
  6. › Whether steps taken by employer to ensure host company's safe system of work relevant
  7. › Whether employer's lack of opportunity to intervene relevant
• 1. Limitation of Actions
  2. › Personal injury
  3. › Post-discoverability limitation period
  4. › Whether cause of action discoverable
  5. › Knowledge of fault of defendant
  6. › Whether plaintiff must know capacity in which defendant liable
  7. › Knowledge of injury sufficiently serious to justify bringing action
  8. › Whether legal advice necessary
  9. › Limitation Act 1969 (NSW), ss 50C, 50D
• 1. Workers Compensation
  2. › Common law remedies
  3. › Recovery against both employer and stranger
  4. › Adjustment of damages under s 151Z(2)(c)
  5. › Whether employer liable to make contribution as joint tortfeasor
  6. › Onus of proof
  7. › Workers Compensation Act 1987 (NSW), s 151Z(2)(c)
• 1. Workers Compensation
  2. › Common law remedies
  3. › Indemnity under s 151Z(1)(d)
  4. › Whether s 151Z(1) applies where employer is also tortfeasor
  5. › Construction of s 151Z(2)(e)
  6. › Whether worker 'does not accept satisfaction of the judgment against that employer'
  7. › Workers Compensation Act 1987 (NSW), ss 151Z(1)(d), 151Z(2)(e)

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