SUPREME COURT OF QUEENSLAND
CITATION: | Cross v Moreton Bay Regional Council [2013] QSC 215 |
PARTIES: | PETER JOHN CROSS v MORETON BAY REGIONAL COUNCIL (FORMERLY CABOOLTURE SHIRE COUNCIL) AND ROBERT WILLIAM PAULGER AND WENDY ANNE PAULGER |
FILE NO/S: | BS 10036 of 2010 |
DIVISION: | Trial Division |
PROCEEDING: | Trial |
DELIVERED ON: | 30 July 2013 |
DELIVERED AT: | Brisbane |
HEARING DATE: | 18 – 21 March 2013 |
JUDGE: | Jackson J |
ORDERS: | The judgment of the court is that: the plaintiff’s claim against the third defendant is dismissed.1. the parties provide minutes of the judgment proposed for the plaintiff’s claim against the first defendant and for orders for costs.2. |
CATCHWORDS: | EMPLOYMENT LAW – LIABILITY AT COMMON LAW FOR INJURY AT WORK – INJURY OCCURRING IN COURSE OF EMPLOYMENT – where the plaintiff worked for the defendant maintaining roads and adjacent areas – where the plaintiff was required to ascend and descend from the tray of a truck in the course of his employment – whether the plaintiff slipped off the step of the truck and sustained a back injury TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE – DUTY OF CARE – SPECIAL RELATIONSHIPS AND DUTIES – EMPLOYER AND EMPLOYEE – where the plaintiff was required to ascend and descend from the tray of a truck, in the course of employment – where the plaintiff slipped off the step of the tray and sustained a back injury – whether the employer breached its duty of care for failing to provide safe access from the tray of the truck – whether the employer provided equipment that fell below the standard of care required TORTS – NEGLIGENCE – DANGEROUS AND INJURIOUS THINGS, ETC – BREACH OF DUTY OF CARE – where custom tray builder manufactured a tipping tray of truck to specification – where the manufacturer included a non-slip surface on the access step of the tray – where non-slip surface not maintained on the step at the time of the plaintiff’s injury – whether the manufacturer breached its duty of care to the plaintiff, as a user of the truck, in failing to provide other protective access systems Adelaide Chemical and Fertilizer Co Ltd v Carlyle (1940) 64 CLR 514; [1940] HCA 44, cited Allianz Australia Insurance Ltd v GSF Australia Pty Ltd (2005) 221 CLR 568; [2005] HCA 26, cited AMACA Pty Ltd v Booth (2011) 246 CLR 36; [2011] HCA 53, considered |
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- Case
- [2013] QSC 215
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
The judgment of the court is that:
the plaintiff’s claim against the third defendant is dismissed.1.
the parties provide minutes of the judgment proposed for the plaintiff’s claim against the first defendant and for orders for costs.2.
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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