Andrews v Andrews and Bresabyss Pty Ltd t/as BP Five Dock

The case of *Andrews v Andrews and Bresabyss Pty Ltd t/as BP Five Dock* concerned a claim for damages for personal injury arising from negligence. The plaintiff, Mr Andrews, was injured when a motor vehicle, which had been incorrectly parked by a fellow employee, Mr Bresabyss, at their place of employment, BP Five Dock, moved and struck him. Mr Andrews alleged that his employer, Bresabyss Pty Ltd, was vicariously liable for the negligence of its employee, Mr Bresabyss, and also directly liable for failing to implement a safe system of work.

The primary legal issues before the Court of Appeal were whether the employer, Bresabyss Pty Ltd, was negligent in failing to establish and maintain a safe system of work for the parking of vehicles at the service station, and whether Mr Bresabyss was contributorily negligent in the manner in which he parked the vehicle. The court was also required to consider the extent of contribution, if any, that should be ordered between the employer and the employee if both were found to be negligent.

The Court of Appeal upheld the findings of the trial judge. It was determined that the employer had failed to implement a safe system of work, which contributed to the plaintiff's injuries. The court also found that Mr Bresabyss's negligent parking of the vehicle was a direct cause of the accident. The court applied principles of negligence, including the duty of care owed by an employer to its employees and the concept of contributory negligence. The court found that both the employer and the employee were at fault, and that the employer's failure to implement a safe system of work was a significant factor in the plaintiff's injury.

The appeal was dismissed, and the respondents were ordered to pay the costs of the appeal.