Davis v Nolras Pty Ltd

[2005] NSWCA 379

CITATION:	Davis v Nolras Pty Ltd (previously known as Sarlon Pty Ltd) [2005] NSWCA 379
HEARING DATE(S):	31/10/05
JUDGMENT DATE:	16 December 2005
JUDGMENT OF:	Ipp JA at 1; Campbell AJA at 2; Brereton J at 59
DECISION:	Appeal dismissed with costs.

CATCHWORDS:	NEGLIGENCE - occupier's liability - injury sustained by employee of specialised independent contractor - whether occupier had reasonably responded to risk of harm that existed - whether occupier had sufficient relevant knowledge of risk for imposition of a duty to warn - whether occupier entitled to rely solely on specialised independent contractor in safeguarding employees from defects in premises in contractor's area of expertise - Papatonakis v Australian Telecommunications Commission applied. D
CASES CITED:	Australian Safeway Stores Pty Ltd v Zaluzna (1987) 162 CLR 479 Bates v Parker [1953] 2 QB 231 Bond v SA Railway Commissioners (1923) 33 CLR 273 Christmas v General Cleaning Contractors [1952] 1 KB 141 Edmonds v Commonwealth (1961) 61 SR (NSW) 527 Felk Industries Pty Ltd v Mallet [2005] NSWCA 111 Ferguson v Welsh [1987] 1 WLR 1553 Graham Barclay Oysters Pty Ltd v Ryan (2002) 211 CLR 540 Jones v Bartlett (2000) 205 CLR 166 London Graving Dock Ltd v Horton [1951] AC 737 Papatonakis v Australian Telecommunications Commission (1985) 156 CLR 7 Phillis v Daly (1988) 15 NSWLR 65 Roles v Nathan [1963] 1 WLR 1117 Vairy v Wyong Shire Council [2005] HCA 62 Wyong Shire Council v Shirt (1980) 146 CLR 40
PARTIES:	Nathan Davis (Appellant) Nolras Pty Ltd (previously known as Sarlon Pty Ltd) (Respondent)
FILE NUMBER(S):	CA 41021/04
COUNSEL:	S Norton SC/M Fraser (Appellant) G Parker (Respondent)
SOLICITORS:	Bryden's Law Office (Appellant) Ebsworth & Ebsworth (Respondent)

LOWER COURT JURISDICTION:	District Court
LOWER COURT FILE NUMBER(S):	DC 1188/03
LOWER COURT JUDICIAL OFFICER:	Rein DCJ

CA 41021/04
DC 1188/03

IPP JA
M W CAMPBELL AJA
BRERETON J

Friday 16 December 2005

NATHAN DAVIS v NOLRAS PTY LTD (previously known as SARLON PTY LTD)

Judgment

1 IPP JA:

Mr Davis’s claim and his appeal

2 This appeal concerns the liability of an occupier for injuries sustained by an employee of a specialist independent contractor who was injured while working on the occupier’s premises.

3 The injured worker is the appellant, Mr Nathan Davis. His employer at the time was Pallet Packing Supply Company (“PPSC”), referred to in the evidence as Vertex. Part of PPSC’s business was the installation, maintenance and removal of pallet racking systems in factories and warehouses.

4 Mr Davis was injured while he was working for PPSC at a factory owned by the respondent, Nolras Pty Ltd. He contends that his injuries were caused by the negligence of Nolras. He brought a claim against Nolras for the damages he suffered in consequence of those injuries, but Rein DCJ dismissed it. Mr Davis appeals against the dismissal of his claim.

The circumstances under which Mr Davis was injured

5 Nolras was a manufacturer of shade cloth. It stored the shade cloth in racking systems in its factory.…