2025/00406752
| Date | Party | Submission |
|---|---|---|
| 23/1/2026 | Appellant | Submissions (PDF, 408.1 KB) |
| 16/3/2026 | Appellant | Chronology (PDF, 229.2 KB) |
| 13/4/2026 | First Respondent | Submissions (PDF, 559.4 KB) |
| 13/4/2026 | Second Respondent | Submissions (PDF, 244.1 KB) |
| 7/5/2026 | Appellant | Reply (PDF, 218.3 KB) |
TORT (negligence) – on 5 April 2018, the first respondent was injured at the St Ives service station complex where he was employed by Kmart Tyre and Auto Service (Kmart) – the injury occurred while the first respondent was dragging a heavy waste oil drain up a ramp so that oil could be collected from the upper level as tanker drivers had been refusing to drive down the ramp for safety reasons – at all relevant times, the appellant was the head lessee of the premises (owned by the second respondent) on which the injury occurred and was vested with the rights and obligations of structural repairs and maintenance of the premises – the primary judge found that the appellant had breached a duty of care owed to the first respondent to repair the ramp, to provide an interim solution and to communicate realistic timeframes within which the ramp could be repaired and secured, so that alternative measures could be taken for the oil bins to be safely conveyed across the ramp – the primary judge assessed Kmart’s liability at 10% under s 151Z of the Workers Compensation Act 1987 (NSW) – on 20 October 2025 the primary judge made a Sanderson order that the appellant pay the second respondent’s costs of these proceedings on the ordinary basis until 24 November 2021 and thereafter on the indemnity basis – whether the primary judge erred in finding that the appellant owed a duty of care, or alternatively that it fell within the scope of a duty of care owed by the appellant to the first respondent, to take certain actions with regard to the ramp – whether the primary judge erred in making certain findings as to causation – whether the primary judge erred in making various factual findings – whether the primary judge erred in her Honour’s findings as to the liability of Kmart – whether the primary judge erred in awarding $25,000 in damages for past economic loss – whether the primary judge erred in making the Sanderson order on 20 October 2025
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