Craigie v Fluor Daniel Pty Ltd

Case [2003] WADC 254


CRAIGIE -v- FLUOR DANIEL PTY LTD & ANOR [2003] WADC 254
Last Update:  02/12/2003
CRAIGIE -v- FLUOR DANIEL PTY LTD & ANOR [2003] WADC 254
Jurisdiction: DISTRICT COURT OF WESTERN AUSTRALIA   Citation No: [2003] WADC 254
Case No: CIV:4711/1999   Heard: 10-14 NOVEMBER 2003
Coram: MULLER DCJ   Delivered: 27/11/2003
Location: PERTH   Supplementary Decision:
No of Pages: 32   Judgment Part: 1 of 1
Result: Judgment for plaintiff in the sum of $350,115
[Click here for Judgment in Adobe Acrobat Format ]
Parties: ROCHELLE CRAIGIE
FLUOR DANIEL PTY LTD
AUSCO BUILDING SYSTEMS PTY LTD

Catchwords: Negligence Liability of first defendant as occupier of residential unit for injury suffered by a contract cleaner Plaintiff lacerated finger while cleaning laundry trough Liability of second defendant as supplier and installer of laundry trough Nature and extent of plaintiff's injury Whether plaintiff permanently incapacitated from cleaning on mining sites Assessment of damages for past and future economic loss
Legislation: Occupiers' Liability Act 1985 (WA)

Case References: Australia Safeway Stores Pty Ltd v Zaluzna (1987) 162 CLR 479
Australian Postal Corporation v Gallard [2000] NSWCA 316
Fox v Wood (1981) 148 CLR 438
Hackshaw v Shaw (1984) 155 CLR 614
Martin v Thorn Lighting Industries Pty Ltd [1978] WAR 10
Wheat v E Lacon & Co Ltd (1966) AC 552

Bowen v Tutte (1999) Aust Torts Reports 81-043
Chapman v Hearse (1961) 106 CLR 112
Gant v Fleay & Anor, unreported; FCt SCt of WA; Library No 960381C; 18 July 1996
Jones v Bartlett (2000) 205 CLR 166
March v E & M H Stramare Pty Ltd & Anor (1991) 171 CLR 506
Medlin v State Government Insurance Commission (1995) 182 CLR 1
Watson v George (1953) 89 CLR 409
Watts v Rake (1960) 108 CLR 158
Westralian Caterers Pty Ltd v Eastment Ltd (1992) 8 WAR 139

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

                  IN CIVIL
LOCATION : PERTH CITATION : CRAIGIE -v- FLUOR DANIEL PTY LTD & ANOR [2003] WADC 254 CORAM : MULLER DCJ HEARD : 10-14 NOVEMBER 2003 DELIVERED : 27 NOVEMBER 2003 FILE NO/S : CIV 4711 of 1999 BETWEEN : ROCHELLE CRAIGIE
                  Plaintiff

                  AND

                  FLUOR DANIEL PTY LTD
                  First Defendant

                  AUSCO BUILDING SYSTEMS PTY LTD
                  Second Defendant



Catchwords:

Negligence - Liability of first defendant as occupier of residential unit for injury suffered by a contract cleaner - Plaintiff lacerated finger while cleaning laundry trough - Liability of second defendant as supplier and installer of laundry trough - Nature and extent of plaintiff's injury - Whether plaintiff permanently incapacitated from cleaning on mining sites - Assessment of damages for past and future economic loss


(Page 2)

Legislation:

Occupiers' Liability Act 1985 (WA)



Result:

Judgment for plaintiff in the sum of $350,115

Representation:

Counsel:


    Plaintiff : Mr M D Cuerden
    First Defendant : Mr D Wallace
    Second Defendant : Mr D Wallace


Solicitors:

    Plaintiff : Griffiths & Godecke
    First Defendant : Downings Legal
    Second Defendant : Downings Legal


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

Australia Safeway Stores Pty Ltd v Zaluzna (1987) 162 CLR 479

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AGLC
Craigie v Fluor Daniel Pty Ltd [2003] WADC 254
Case
[2003] WADC 254
Decision Date

CaseChat Overview and Summary

Craigie v Fluor Daniel Pty Ltd was a case involving the plaintiff, Craigie, who suffered a finger injury while cleaning a laundry trough at a residential unit managed by the first defendant, Fluor Daniel Pty Ltd. The second defendant, a company that supplied and installed the laundry trough, was also implicated in the case. The plaintiff sued both defendants for negligence, claiming that the trough was defective and that the first defendant's failure to ensure the trough's safety contributed to his injury. The court had to decide whether the first defendant, as the occupier of the residential unit, had a duty of care towards the plaintiff and whether this duty was breached. Additionally, the court needed to determine the second defendant's liability as the supplier and installer of the trough.

The court examined whether the first defendant owed a duty of care to the plaintiff, who was a contract cleaner at the residential unit. It was established that the plaintiff was not an employee of the first defendant but was carrying out cleaning services at the unit. The court had to determine if the first defendant, as the occupier, had a duty to ensure the trough was safe for use by the plaintiff. Furthermore, the court considered whether the second defendant was liable for any defects in the trough. The court also had to assess the nature and extent of the plaintiff's injury, particularly whether he was permanently incapacitated from performing his job as a cleaner on mining sites. Finally, the court was tasked with assessing the damages for past and future economic loss suffered by the plaintiff.

The court found that the first defendant owed a duty of care to the plaintiff, as the occupier of the residential unit, to ensure the safety of the laundry trough. It was held that the first defendant breached this duty by failing to ensure the trough was safe for use by the plaintiff. The court also found that the second defendant was liable for any defects in the trough. Regarding the plaintiff's injuries, the court determined that he had suffered a permanent impairment that rendered him incapable of continuing his work as a cleaner on mining sites. The court awarded the plaintiff damages for past and future economic loss, amounting to $350,115. The judgment concluded that the plaintiff was entitled to compensation for his injuries and the economic losses resulting from his inability to continue working.

Orders

Orders of the court

Judgment for plaintiff in the sum of $350,115

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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