Event and Time
Event Description
On 29 November 2017, the plaintiff tripped and fell on a tree branch in his backyard at 12 Shadforth Street, Wiley Park. The branch had been lopped from a tree by the first defendant, a builder, who was engaged by the owners of the adjacent property (10 Shadforth Street). The plaintiff alleges that this incident caused him serious back injuries and ongoing disability.
Application and Claims
The plaintiff filed a claim for damages under the Civil Liability Act 2002 against the first defendant, asserting negligence for the act of lopping branches that subsequently fell into his backyard. He also brought a claim against the second defendant, an insurance company, under the Civil Liability (Third Party Claims Against Insurers) Act 2017 for refusal to indemnify the first defendant, despite the existence of a business insurance policy.
Judicial Decisions
1. Plaintiff’s claim dismissed. 2. The plaintiff ordered to pay the costs of the first and second defendants. 3. Opportunity for either party to apply to vary the costs orders, with a deadline for notification. 4. Returns of exhibits permitted after 28 days.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff’s Claims:
- Alleges he suffered serious back injuries due to tripping over a tree branch placed in his backyard. - Seeks damages based on negligence, which he believes the first defendant is liable for due to unsafe practices.
- First Defendant’s Position:
- (Not represented during the trial; hence no active arguments were presented by the defendant).
- Second Defendant’s Defense:
- Declined to indemnify the first defendant, asserting that the policy does not cover the claims made by the plaintiff.