Con Kakakios

Full Profile

Con has experience in handling all types of civil liability personal injury claims, including catastrophic injury and death claims. Con handles claims involving large-scale property damage. He often handles matters which are technically complex. Over the years, Con has worked on matters involving occupiers, contractors, product suppliers, manufacturers, health professionals, lawyers, accountants, real estate agents, hostels, nursing homes, religious organisations and schools.

Con has particular expertise in utilising the provisions of the Civil Liability Act 2002 to obtain optimum results for clients. Con has an interest in the ongoing effects of that legislation on the law of torts, as well as the interaction of various statutory regimes. Con has advises clients on the effects of section 151Z of the Workers Compensation Act 1987 and the Motor Accidents Compensation Act 1999 on public liability claims and the application of dual insurance.

In addition, Con provides advice on policy issues, including the application of exclusion clauses and has advised insurers on new insurance products.

Experience

• Successfully defending a claim against a landlord made by a contractor performing work at the neighbour’s premises.The contractor accessed the landlord’s steep driveway and fell. After hearing the evidence, the Court found in favour of the landlord.

• Successfully defending a claim against a maintenance contractor made by a pedestrian who slipped and fell on a pedestrian crossing. The contractor was successful at first instance; on appeal; and in the High Court.

• Successfully defending a tenant’s claim against a landlord in the District Court for injuries allegedly sustained when using external stairs. On an application by the respondents, the Court of Appeal dismissed the appeal.

• Acting in defence of a claim brought in the Supreme Court of NSW by a plaintiff alleging that the insureds owed a duty of care based on a contract entered with the council to collect garbage. The insureds were the directors of the plaintiff’s employer. The plaintiff was attempting to circumvent the workers compensation legislation and allege that the insureds owed a personal duty analogous to that of the employer. On the third day of hearing, the plaintiff agreed to a verdict being entered in favour of the insureds.

• Acting for a government agency in relation to claim by a plaintiff who sustained catastrophic injury (paraplegia) when the boat he was operating collided with a navigation aid.

• Acting for an insurer of a construction company in relation to a claim for personal injury concerning the design and installation of a glass balustrade at a club. A patron allegedly threw a bottle which shattered a panel on the glass balustrade causing the plaintiff to fall some 6 metres to the road below. Multiple parties were involved including the construction company, architect, project manager and certifier.

• Acting in defence of multiple claims arising from an outbreak of food poisoning at a bakery.

• Acting in defence of a claim involving fire damage to a property assessed at $7.6 million.

• Acting for an insurer of a mining contractor in relation to a claim of negligence in the performance of maintenance and repair work at a mine which caused a fire. The damage was assessed at $43.5 million.

• Acting for an insurer of a manufacturer/importer in relation to a claim made for property damage allegedly due to faulty water meters installed by a plumbing contractor at a building causing extensive water damage to multiple levels of a new building.