Barns v Parlin Pty Ltd

Case [2010] WADC 92


JURISDICTION     :   DISTRICT COURT OF WESTERN AUSTRALIA

IN CIVIL

LOCATION:   PERTH

CITATION:   BARNS -v- PARLIN PTY LTD & ORS [2010] WADC 92

CORAM:   YEATS DCJ

HEARD:   12-14 APRIL 2010

DELIVERED          :   18 JUNE 2010

FILE NO/S:   CIV 1962 of 2005

BETWEEN:   TYSON BARNS

Plaintiff

AND

PARLIN PTY LTD
First Defendant

BARRICK GOLD OF AUSTRALIA LTD
Second Defendant

CHOICEONE PTY LTD
Third Defendant

Catchwords:

Negligence - Joint tortfeasors - Employer's non­delegable duty of care owed to its employee - Failure to ensure care was taken - Labour hire firm liable for same damage as joint tortfeasor - Contribution proceedings - Labour hire firm entitled to a complete indemnity

Legislation:

Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947, s 7(1)(c), s 7(2)
Civil Liability Act 2002, s 3A

Result:

Third defendant entitled to a complete indemnity

Representation:

Counsel:

Plaintiff:     No appearance

First Defendant             :     Mr G R Hancy

Second Defendant         :     No appearance

Third Defendant           :     Mr M P Bruce

Solicitors:

Plaintiff:     Not applicable

First Defendant             :     Jarman McKenna

Second Defendant         :     Not applicable

Third Defendant           :     Lavan Legal

Case(s) referred to in judgment(s):

Adeels Palace Pty Ltd v Moubarak (2009) 239 CLR 420

Atkinson v Gameco (NSW) Pty Ltd [2005] NSWCA 338

Barns v Parlin Pty Ltd & Ors [2010] WADC 39

Baxter v Obacelo Pty Ltd & Anor (2001) 184 ALR 616

Blair v Curran (1939) 62 CLR 464

Bourke v Hassett [1999] 1 VR 189

BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266

Burnie Port Authority v General Jones Pty Ltd (1994) 179 CLR 520

Chamberlain v Deputy Commissioner of Taxation (Cth) (1987‑1988) 164 CLR 502

Czatyrko v Edith Cowan University (2005) 79 ALJR 839

Dib Group Pty Ltd t/as Hill & Co v Cole [2009] NSWCA 210

Elliott v Bickerstaff (1999) 48 NSWLR 214

Esso Australia Pty Ltd v Victorian WorkCover Authority (2000) 1 VR 246

Fennell v Supervision & Engineering Services Holdings Pty Ltd and Santos Ltd (1988) 47 SASR 6

Grimsey (an infant) by her next friend Henry Charles Grimsey v Southern Regional Health Board [1997] TASSC 77

Hawkins v Clayton (1987‑1988) 164 CLR 539

Hill v Fermont Holdings Pty Ltd & Ors, unreported; DCt of WA; Library No D990079; 1 April 1999

Hodge v CSR Ltd & Anor [2010] NSWSC 27

Jackson v Goldsmith (1950) 81 CLR 466

Kondis v State Transport Authority (1984) 154 CLR 672

March v E & MH Stramare Pty Ltd (1991) 171 CLR 506

Melvan & Anor v Signet Engineering Pty Ltd [2002] WADC 205

Podrebersek v Australian Iron & Steel Pty Ltd (1985) 59 ALJR 492

Pollard v Baulderstone Hornibrook Engineering Pty Ltd [2008] NSWCA 99

Signet Engineering Pty Ltd v Melvan & Anor [2003] WASCA 313

South American and Mexican Co; In re; Ex parte Bank of England [1895] 1 Ch 37

Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16

TNT Australia Pty Ltd v Christie & Ors [2003] NSWCA 47

Victorian WorkCover Authority v Carrier Air…

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AGLC
Barns v Parlin Pty Ltd [2010] WADC 92
Case
[2010] WADC 92
Decision Date

CaseChat Overview and Summary

The plaintiff, Barns, brought an action against Parlin Pty Ltd, a labour hire firm, alleging negligence in the provision of a safe workplace. The claim arose out of an incident where Barns was injured while working on a project for Parlin's client. The primary dispute was whether Parlin had a non-delegable duty of care to ensure the safety of its employees and whether it was liable for the same damages as the client company, which was also found negligent.

The court was required to determine whether Parlin owed a non-delegable duty of care to Barns, independent of the client company's obligations. Additionally, the court had to consider whether Parlin was jointly liable with the client company for the injuries suffered by Barns and, if so, whether Parlin was entitled to a complete indemnity from the client company in contribution proceedings.

In its decision, the court held that Parlin owed a non-delegable duty of care to Barns as an employee, given the inherent risks associated with the work. The court found Parlin liable for the same damages as the client company, acknowledging Parlin's failure to ensure that adequate care was taken to prevent the incident. The court ruled that Parlin was entitled to a complete indemnity from the client company in any contribution proceedings, recognising the equal liability of both parties in causing Barns' injuries. The court's reasoning emphasised the importance of labour hire firms taking responsibility for the safety of their employees, even when working on client sites.

The court ordered Parlin to pay damages to Barns and granted Parlin the right to seek complete indemnity from the client company in any contribution proceedings.

Orders

Orders of the court

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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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