Cartwright v Bluescope Steel Ltd

The plaintiff in Cartwright v Bluescope Steel Ltd brought an action against the defendant for injuries sustained in a motor vehicle accident. The accident occurred when a load of steel coils shifted in transit, causing the vehicle to swerve and collide with a pole. The plaintiff alleged that the load shift was due to the negligent packing of the coils, and that the defendant, as the principal, was liable for the actions of its independent contractor, who was responsible for packing the coils. The defendant argued that its duty was limited to exercising reasonable care in designing the system for transporting the coils, and that it was not liable for the actions of the independent contractor.

The court had to determine whether the principal owed a duty to the plaintiff that extended beyond designing the system for transporting the coils, and whether the load shift was attributable to negligent packing or negligent instructions. The court found that the principal had maintained control over the system of packing and was therefore liable for the actions of the independent contractor. The court held that the principal's duty included not only designing the loading and packing system but also ensuring that it remained effective when circumstances changed. The principal was therefore in breach of its duty to the plaintiff.

The employer was also found to be in breach of its duty to the plaintiff. The court held that the plaintiff was not contributorily negligent in the accident. The court apportioned responsibility between the parties, with the employer being found to be 51% responsible and the principal 49% responsible. The court ordered the defendant to pay damages to the plaintiff in the amount of $1,150,000, representing 49% of the total damages.