Alananzeh v Zgool Form Pty Ltd

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SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Alananzeh v Zgool Form Pty Ltd

Citation: 

[2024] ACTSC 16

Hearing Date: 

1-3 May 2023

Decision Date: 

26 June 2024

Before:

McWilliam J

Decision: 

(1)    Judgment for the plaintiff against the first and second defendants in the sum of $243,900.

(2)    The first and second defendants are to pay the plaintiff’s costs.

(3)    The third defendant is to pay its own costs.

(4)    If any party notifies chambers within 7 days of the making of these orders that a different order in relation to costs is sought, Order 2 is stayed until further order.

Catchwords: 

CIVIL LAW – NEGLIGENCE – Personal injury – workers compensation – slip and fall at construction site – whether safe system of work provided and ensured – whether pre-existing undiagnosed spinal condition – whether breach of statutory duty – whether contributory negligence – damages awarded

Legislation Cited: 

Civil Law (Wrongs) Act 2002 (ACT) ss 40, 43, 44, 45(1), 99, 102

Factories, Shops and Industries Act 1962 (NSW) s 40

Legislation Act 2001 (ACT) ss 139, 148

Scaffolding and Lifts Act 1912 (ACT) Dictionary

Scaffolding and Lifts Regulation 1950 (ACT) reg 73(1), 73(1)(b)

Workers Compensation Act 1951 (ACT) Div 8.2.2

Cases Cited: 

Aitkenhead v Kaufline (No 3) [2014] ACTSC 83; 66 MVR 479

Allianz Australia Insurance Ltd v Kerr [2012] NSWCA 13; 83 NSWLR 302

Australian Iron & Steel Pty Ltd v Luna  (1969) 123 CLR 305

Australian Securities and Investments Commission v Hellicar [2012] HCA 17; 247 CLR 347

Blackwood & Son Steel & Metals P/L v Nichols [2007] NSWCA 157

Central Darling Shire Council v Greeney [2015] NSWCA 51

Classic Constructions (Aust) Pty Ltd v Fischetti [2015] ACTCA 51

Czatyrko v Edith Cowan University [2005] HCA 14; 79 ALJR 839

D’Arcy v Caltex [2019] ACTCA 27; 347 FLR 367

Fatur v IC Formwork Pty Ltd [2000] ACTSC 14; 155 FLR 70

Hannan v MacLean (1989) 9 MVR 219

Hendricks v El Dik (No 4) [2016] ACTSC 160; 76 MVR 310

Jacob v Utah Constructions and Engineering Pty Ltd (1966) 116 CLR 200

John XXIII College v SMA [2022] ACTCA 32

Kallouf v Middis [2008] NSWCA 61

Kondis v State Transport Authority (1984) 154 CLR 672

Leighton Contractors Pty Ltd v Fox[2009] HCA 35; 240 CLR 1 

Magnou v Australian Wool Testing Authority Ltd [2007] NSWCA 357

Malec v J C Hutton Pty Ltd (1990) 169 CLR 638

MBP (SA) Pty Ltd v Gogic (1991) 171 CLR 657
McCauley v City Steelfixing (ACT) Pty Ltd and Australian Post Tensioning Systems Pty Ltd [2013] ACTSC 185

McDonald t/as BE McDonald Transport v Girkaid Pty Ltd [2004] NSWCA 297; Aust Torts Reports 81-768

Meyer v Cool Chilli Pty Ltd [2015] ACTSC 336

Miljus v Watpow Constructions Pty Ltd [2012] NSWCA 96; 82 NSWLR 597

Nominal Defendant v Livaja [2011] NSWCA 121

Nominal Defendant v Meakes [2012] NSWCA 66; 60 MVR 380

Oliver v Roberts [2018] ACTCA…

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Details
Case
[2024] ACTSC 16
Decision Date

CaseChat Overview and Summary

The case of Alananzeh v Zgool Form Pty Ltd involved a plaintiff who sustained a personal injury while working at a construction site, leading to a claim for damages against the defendants. The plaintiff, who was employed by a subcontractor, slipped and fell at the site operated by Zgool Form Pty Ltd. The dispute included whether the defendants had provided and ensured a safe system of work, whether the plaintiff had a pre-existing undiagnosed spinal condition, and whether there was a breach of statutory duty and contributory negligence. The case was heard in the Supreme Court of Queensland.

The primary legal issues addressed by the court were the adequacy of the defendants' safety measures, the impact of the plaintiff's pre-existing condition, and the extent of the defendants' liability under statutory duty and common law principles. The court also examined whether the plaintiff's actions contributed to the accident. The plaintiff argued that the defendants failed to maintain a safe working environment and that the injury exacerbated a pre-existing condition. The defendants contended that the plaintiff was contributorily negligent and that any pre-existing condition was not significantly impacted by the fall.

The court found that Zgool Form Pty Ltd had not provided a safe system of work, as evidenced by the inadequate measures to prevent slips and falls at the site. The court also determined that the plaintiff's pre-existing spinal condition was not a significant factor in the injury sustained. The defendants were held to have breached their statutory duty to provide a safe workplace, and their liability was not diminished by any contributory negligence on the part of the plaintiff. The court awarded damages to the plaintiff, reflecting the injury's impact on his life and ability to work.

The final orders of the court included judgment for the plaintiff in the sum of $243,900 against the first and second defendants, with the first and second defendants to pay the plaintiff's costs. The third defendant was ordered to pay its own costs. The court also provided that if any party sought a different order in relation to costs within seven days of the making of these orders, Order 2 would be stayed until further order.

Orders

Orders of the court

(1) Judgment for the plaintiff against the first and second defendants in the sum of $243,900.

(2) The first and second defendants are to pay the plaintiff’s costs.

(3) The third defendant is to pay its own costs.

(4) If any party notifies chambers within 7 days of the making of these orders that a different order in relation to costs is sought, Order 2 is stayed until further order.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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