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ARTICLE · 12 MAY 2015

No double dipping allowed for plaintiff injured by heavy fire door

HopgoodGanim
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This Alert considers the rule against double compensation and the scope of an occupier's duty of care in negligence.

AustraliaInsurance
Brooke Jacobs
Brooke Jacobs
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Brozinic v The Federal Capital Press Pty Limited trading as The Canberra Times [2015] ACTCA 8 considered the following issues:

  • Whether the defendant could claim the benefit of a Deed of Release the plaintiff had entered into with his employer in relation to the injuries; and
  • The liability of the defendant occupier for injuries caused by a solid heavy fire door being opened onto the plaintiff's shoulder.

In this Alert, Special Counsel Brooke Jacobs considers the rule against double compensation and the scope of an occupier's duty of care in negligence.

The facts

The plaintiff suffered two injuries during the course of his employment for cleaning company ISS Facility Services Australia Limited (the employer).

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