Eptec Pty Ltd v Alaee

The appeal concerned a decision of the primary judge in the District Court of New South Wales, which found Eptec Pty Ltd liable to Mr Alaee in damages for negligence arising from injuries sustained during the operation of an elevated work platform (EWP). Eptec appealed this finding of liability and, alternatively, the quantum of damages awarded.

The central legal issues before the Court of Appeal were whether the primary judge erred in concluding that Mr Alaee's injuries were caused by the fault of the EWP driver in the use or operation of the vehicle, and whether those injuries were a result of and caused during the driving of the vehicle, as required by section 3A of the Motor Accidents Compensation Act. Eptec also contended that the evidence did not support the primary judge's factual findings, particularly regarding the intention to move the EWP and the engagement of its controls.

The Court of Appeal allowed the appeal, finding that the primary judge's conclusion that the injuries were caused by the fault of the driver in the use or operation of the vehicle was not supported by the evidence. The court noted that the primary judge had made findings of fact, including that Mr Alaee was not the operator of the EWP at the time of the accident, but that his co-worker was. However, the court determined that the factual findings did not establish that the injuries sustained by Mr Alaee were a result of and caused during the driving of the vehicle, a necessary element for liability under the relevant legislation.

Consequently, the Court of Appeal set aside the primary judge's orders for judgment in favour of Mr Alaee and his costs, and ordered that judgment be entered for Eptec, with Mr Alaee to pay Eptec's costs. The court also ordered that Mr Alaee pay Eptec's costs of the appeal.