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O'Connell, Dean v Witham, Simon & Inroads P/L Transport Accident Commission [TAC] v Inroads P/L [2021] VSC 8

NEGLIGENCE, WORKERS COMPENSATION
Supreme Court of Victoria
Division: 
Common Law Division
Judge(s): 
Macaulay J
Parties: 

O'Connell, Dean v Witham, Simon & Inroads P/L Transport Accident Commission [TAC] v Inroads P/L

Judgment Date: 
22 January 2021
Catchwords: 

NEGLIGENCE - Motor vehicle collision with pedestrian at an intersection controlled by roadworks contractor - Whether negligent driver entitled to recover contribution from roadworks contractor towards damages agreed to be paid to the injured pedestrian - Wrongs Act 1958 (Vic) s 24.

WORKERS COMPENSATION - Motor vehicle collision with pedestrian at an intersection controlled by roadworks contractor - Pedestrian injured in road traffic accident in the course of his employment - Compensation paid to injured employee under Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) - Transport Accident Commission liable to make payments to the Victorian WorkCover Authority for compensation paid to the injured employee - Transport Accident Commission seeks indemnity from roadworks contractor for its liability to make payments to the Victorian WorkCover Authority pursuant to Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 369 - Roadworks contractor alleged contributory negligence on the part of the injured employee - Just and equitable apportionment of liabilities having regard to the extent of each person's responsibility for the damage.

Citation: