Bibby v Viva Energy Australia Pty Ltd

In the matter of Bibby v Viva Energy Australia Pty Ltd, the plaintiff sought compensation for injuries sustained while rolling a large oil container down a ramp. The defendant, Viva Energy Australia, argued that the landlord, not the owner, was liable for the incident. The dispute was heard in the Supreme Court of New South Wales. The legal issues revolved around the applicability of section 151Z of the Workers Compensation Act 1987 (NSW) to determine liability and the quantum of damages. Additionally, there was a procedural issue regarding the first defendant's late application to amend its defence and bring a cross-claim against the second defendant, which was denied due to the late timing of the application and the ill health of a medical expert necessitating an adjournment.

The court found that section 151Z applied to the circumstances of this case, making the owner, not the landlord, liable for the plaintiff's injuries. The court rejected the first defendant's application to amend its defence and bring a cross-claim against the second defendant as it was not heard in time, and the adjournment due to the expert's ill health prevented any further consideration before the trial resumed. The court awarded judgment in favour of the plaintiff against the first defendant for damages and in favour of the second defendant against the plaintiff. The parties were granted liberty to reflect the agreed damages in Short Minutes of Order by a specified date, with costs reserved pending further application. Exhibits were retained pending further order.