JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL
LOCATION: PERTH
CITATION: ESSAIYD -v- SAINT [2021] WADC 61
CORAM: GILLAN DCJ
HEARD: 19-22 & 28 JANUARY 2021
DELIVERED : 18 JUNE 2021
FILE NO/S: CIV 3552 of 2018
BETWEEN: MOHAMMED ESSAIYD
Plaintiff
AND
MARK ROBERT SAINT
First Defendant
MARETERRAM FISHERIES PTY LIMITED
Second Defendant
GAVIN CARTER
Third Defendant
Catchwords:
Personal injury to hand - Share fisherman - Operation of hydraulic hopper lid - Failure to warn and direct - Safe system of work
Legislation:
Civil Liability Act 2002 (WA)
Occupational Safety and Health Act 1984 (WA)
Occupiers Liability Act 1985 (WA)
Workers' Compensation and Injury Management Act 1987 (WA)
Result:
Judgment for the plaintiff against the first and third defendants
Action against second defendant dismissed
Representation:
Counsel:
| Plaintiff | : | In person |
| First Defendant | : | Mr G R Hancy |
| Second Defendant | : | Mr G R Hancy |
| Third Defendant | : | Mr G R Hancy |
Solicitors:
| Plaintiff | : | Not applicable |
| First Defendant | : | Cocks Macnish |
| Second Defendant | : | Cocks Macnish |
| Third Defendant | : | Cocks Macnish |
Case(s) referred to in decision(s):
ACE Insurance Limited v Trifunovski (2013) 209 FCR 146
Allied Pumps Pty Ltd v Hooker [2020] WASCA 72
Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2020] FCAFC 122; (2020) 381 ALR 457
Corbett v Town of Port Hedland [2021] WADC 55
Cullen v Trapell [1980] HCA 10; (1980) 146 CLR 1
Dominic B Fishing Pty Ltd and Federal Commissioner of Taxation [2014] AATA 205
Hayes v Mazurak & Union International Pty Ltd (Unreported, WADC, Lib No D990024 (CIV 3045 of 1996), 5 February 1999)
Hollis v Vabu Pty Ltd [2001] HCA 44; (2001) 207 CLR 21
Jaensch v Coffey [1984] HCA 52, (1984) 155 CLR 549; (1984) 58 ALJR 426; 54 ALR 417
J-Corp Pty Ltd v Thompson [2019] WASCA 173
Kondis v State Transport Authority [1984] HCA 61; (1984) 154 CLR 672
Leighton Contractors Pty Ltd v Fox [2009] HCA 35; (2009) 240 CLR 1
McLean v Tedman [1984] HCA 60; (1984) 155 CLR 306
MR & RC Smith Pty Ltd t/as Ultra Tune (Osborne Park) v Wyatt [No 2] [2012] WASCA 110
Osborne Park Commercial Pty Ltd v Miloradovic [2019] WASCA 17
Stevens v Brodribb Sawmilling Co Pty Ltd [1986] HCA 1; (1986) 160 CLR 16
The Commissioner of Railways v Ruprecht [1979] HCA 37; (1979) 142 CLR 563
Todd v Adam [2002] EWCA Civ 509
Union International (WA) Pty Ltd v Mazurak [1999] WASCA 272
GILLAN DCJ:
It is common ground that during the 2017 fishing season,[1] on 24 September 2017, the plaintiff's hand was injured while he was on a shipping vessel, the NW Carnarvon II (the Vessel), as a share fisherman.
[1] Exhibit 2, pages 38 - 58 at [53] Period of season from 16 March to 31 October 2017.
The Vessel was owned…
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- AGLC
- Essaiyd v Saint [2021] WADC 61
- Case
- [2021] WADC 61
- Decision Date
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