Event and Time
Event Description
- The plaintiff, employed as a glazier, suffered serious injuries after falling from a ladder at a construction site.
- The incident occurred on 24 July 2013, when the ladder collapsed while he was ascending to the first floor of the property under construction.
- Following the incident, the plaintiff underwent 18 surgeries, including amputation of his left leg below the knee.
Application and Claims
- The plaintiff claims negligence and breaches of duty of care against three defendants: the owner/occupiers of the property (third defendants), the builder (first defendant), and the glass installation company (second defendant).
- He seeks damages, interest, and costs related to his injuries caused by the incident.
Judicial Decisions
- The third defendants' motion to dismiss the proceedings was dismissed on 27 June 2023.
- The court found that the plaintiff’s claim was not clearly statute-barred, allowing the case to proceed.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff’s Argument:
- Claims negligence against the third defendants regarding their responsibility for site safety. - States he was unaware of the ownership of the ladder until reading a witness statement from the first defendant’s managing director in May 2022. - Asserts that without that knowledge, he could not have included the third defendants in his claims until after the limitation period expired in 2020.
- Third Defendants’ Argument:
- Argue that the claim is statute-barred under section 18 of the Limitation Act 1969 (NSW) as it was filed well past the three-year limitation period. - Assert that the plaintiff should have known about fault or negligence related to his injury sooner, as he was aware of the circumstances surrounding the ladder’s use on the day of the incident.