Edith Cowan University v Czatryko

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EDITH COWAN UNIVERSITY -v- CZATRYKO [2002] WASCA 334



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2002] WASCA 334
THE FULL COURT (WA)
Case No:FUL:126/200118 JUNE 2002
Coram:WALLWORK J
MURRAY J
TEMPLEMAN J
9/12/02
14Judgment Part:1 of 1
Result: Appeal allowed
B
PDF Version
Parties:EDITH COWAN UNIVERSITY
BRETT GEORGE JERZY CZATRYKO

Catchwords:

Negligence
Personal injuries
Worker loading truck fell off
Stepped back thinking hoist was raised
Hoist was being lowered
No breach of duty of care to fail to warn worker

Legislation:

Occupational Safety and Health Act 1984 (WA), s 19
Occupiers Liability Act 1985 (WA), s 5

Case References:

Chappel v Hart (1998) 195 CLR 232
Nagle v Rottnest Island Authority (1993) 177 CLR 423
Romeo v Conservation Commission (NT) (1998) 192 CLR 431
Rosenberg v Percival (2001) 205 CLR 434
Woods v Multi-Sport Holdings Pty Ltd (2002) 76 ALJR 483

Bankstown Foundry Pty Ltd v Braistina (1986) A Tort Rep 80-713
Bowen v Tutte (1990) A Tort Rep 81-043
Clark v Ryan (1960) 103 CLR 486
Commissioner of Railways v Ruprecht (1979) 142 CLR 563
Electric Power Transmission Pty Ltd v Orgaz, unreported; FCt SCt of WA; Library No 7914; 3 November 1989
Mason v Williams & Williams Ltd & Anor (1955) 1 All ER 808
McLean v Tedman (1984) 155 CLR 306
Medlin v State Government Insurance Commission (1995) 182 CLR 1
Nair v Health Administration Corporation & Anor (1994) A Tort Rep 81­312
Podrebersek v Australian Iron & Steel Pty Ltd (1985) 59 ALJR 492
Rae v Broken Hill Pty Co Ltd (1957) 97 CLR 419
Raimondo v State of South Australia (1979) 23 ALR 513
Sungravure Pty Ltd v Meanie (1964) 110 CLR 24
Ta v Lucky Import & Export Co Pty Ltd [2002] WASCA 65
Thomas v O'Shea (1989) A Tort Rep 81-251
Vozza v Tooth & Co Ltd (1964) 112 CLR 316
Wade v Allsopp (1976) 10 ALR 353
Wyong Shire Council v Shirt (1980) 146 CLR 40

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : EDITH COWAN UNIVERSITY -v- CZATRYKO [2002] WASCA 334 CORAM : WALLWORK J
    MURRAY J
    TEMPLEMAN J
HEARD : 18 JUNE 2002 DELIVERED : 9 DECEMBER 2002 FILE NO/S : FUL 126 of 2001 BETWEEN : EDITH COWAN UNIVERSITY
    Appellant

    AND

    BRETT GEORGE JERZY CZATRYKO
    Respondent



Catchwords:

Negligence - Personal injuries - Worker loading truck fell off - Stepped back thinking hoist was raised - Hoist was being lowered - No breach of duty of care to fail to warn worker




Legislation:

Occupational Safety and Health Act 1984 (WA), s 19


Occupiers' Liability Act 1985 (WA), s 5

(Page 2)

Result:

Appeal allowed




Category: B


Representation:


Counsel:


    Appellant : Ms B A Mangan
    Respondent : Mr B G Bradley


Solicitors:

    Appellant : Phillips Fox
    Respondent : Leonard Cohen & Co



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

Chappel v Hart (1998) 195 CLR 232
Nagle v Rottnest Island…
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Details
Case
[2002] WASCA 334
Decision Date

CaseChat Overview and Summary

Edith Cowan University was involved in a legal dispute with its employee, Mr Czatryko. The employee suffered personal injuries when a hoist he was using to load a truck fell off, causing him to step back and fall. The case was heard in the Court of Appeal of Western Australia, where the university sought to overturn a previous decision that found it negligent in failing to warn the employee that the hoist was being lowered.

The primary legal issue in the case was whether the university had a duty of care to warn the employee that the hoist was being lowered, which would have resulted in the employee being found negligent for stepping back and falling. The Court of Appeal needed to determine whether the university breached its duty of care by not warning the employee of the lowering hoist. The university argued that it had no such duty of care, while the employee contended that the university should have taken reasonable steps to ensure his safety while using the hoist.

The Court of Appeal found that the university did not breach its duty of care by failing to warn the employee that the hoist was being lowered. The court held that the employee was responsible for monitoring the hoist and taking appropriate action when it was being lowered. The court found that the university had taken reasonable steps to ensure the employee's safety, including providing training on the use of the hoist and warning signs. The Court of Appeal concluded that the employee's actions, rather than the university's failure to warn, caused the accident, and thus the university was not negligent in failing to warn the employee of the lowering hoist.

As a result of the Court of Appeal's decision, the appeal was allowed, and the previous decision finding the university negligent was overturned. The Court of Appeal found in favour of the university and dismissed the employee's claim for damages.

Orders

Orders of the court

Appeal allowed

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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