Synergy Scaffolding Services Pty Ltd v
Alelaimat [2023] NSWCA 213
Key Points
An appeal and cross-appeal were filed on the basis that the
Primary Judge had erred in his interpretation of an employers'
liability exclusion clause and findings in relation to contributory
negligence, employers' contribution pursuant to Section 151Z of
the Workers' Compensation Act, and assessment of
damages.
The Court of Appeal dismissed the appeal, but otherwise allowed
the cross-appeal in relation to damages.
Background
At first instance, Mr Alelaimat brought proceedings for personal
injury against Synergy Scaffolding Services Pty Ltd
(Synergy) in the Supreme Court of New South
Wales.1
On 10 October 2012, Mr Alelaimat (a truck driver) was directed
by Synergy to attend a building site to collect and remove
scaffolding. When he arrived at the site, Mr Alelaimat was
instructed by Synergy to assist in dismantling the scaffolding.
While inspecting scaffolding material in
