Damages claim could get to $2m
A long-running damages claim made by a Kiwi labourer forced to run for his life during a Sydney tunnel collapse could reach more than $2 million.
New Zealand’s Accident Compensation Corporation (ACC) and other New Zealand organisations and individuals, including Te Anau labourer John Labruyere’s accountant, have been subpoenaed by an Australian court hearing Labruyere’s 10-year case.
Labruyere was working underground at the Lane Cove tunnel in Sydney when it collapsed in November 2005.
The tunnel is a NZ$1.15 billion, 3.6km twin-tunnel tollway that was completed in March 2007. A report into its collapse found it was caused by geological faults discovered in the early planning stages.
In 2008, Labruyere made claims for physical and mental injury and lost earnings, including future earnings, which lawyers for the defendant, subcontractor Parsons Brinckerhoff Australia, said could exceed $2.08m.
This month, lawyers for Parsons Brinckerhoff applied for permission to serve 21 subpoenas. A New South Wales Supreme Court judge granted the request and ordered the information be handed over by March 11.
The subpoena for ACC was to examine the extent and relevance of Labruyere’s preexisting or other work-related injuries, if any. Labruyere says he suffered a hip injury and significant psychiatric injury as a result of the incident and is also claiming compensation for care provided by his friends and family.
Judge Lonergan said it was evident documents sought were likely to contain information of direct relevance and significance and ‘‘in my view it is appropriate the order be made’’.
Labruyere declined to comment this week, saying it was a fragile situation. Parsons Brinckerhoff representatives also declined to comment. the