BlueScope Steel Ltd v Cartwright

BlueScope Steel Ltd appealed to the Court of Appeal of New South Wales against a decision of the primary judge concerning a motor vehicle accident. The first respondent, the driver of a prime mover with a trailer carrying a container of heavy coils, suffered injuries in the accident. The appellant manufactured the coils and had produced guidelines for their secure loading by the second respondent. The dispute arose because the appellant began manufacturing coils with an additional timber runner, which altered the established loading method, without notifying the second respondent.

The Court of Appeal was required to determine whether the appellant breached its duty of care to the first respondent. This involved considering whether the appellant's failure to inform the second respondent about the change in the coil design, which impacted the secure loading procedure, constituted a breach of its duty. Additionally, the court had to consider whether the primary judge erred in failing to make a finding regarding the speed at which the first respondent's vehicle was travelling at the time of the accident, and whether this speed was a causative factor in the accident.

The Court of Appeal found that the appellant had breached its duty of care to the first respondent. The court reasoned that the appellant, by introducing a change to the product that affected its safe handling and loading, had a duty to warn those who would be involved in the loading and transportation of the product, including the first respondent. The appellant's failure to provide such a warning was a breach of this duty. The court also addressed the issue of causation, finding that while the speed of the vehicle was a relevant factor, the appellant's breach of duty was a significant contributing cause to the accident.

The court ordered that if any party wished to make submissions regarding costs contrary to the proposed orders, these submissions were to be filed and served within seven days, with responses due within fourteen days. If no such submissions were filed, the appellant was to bring in short minutes to give effect to the reasons within fourteen days.