Foster v Prospect County Council - [1999] NSWSC 191

CITATION: Foster v Prospect County Council [1999] NSWSC 191 revised - 31/08/99

CURRENT JURISDICTION: Common Law

FILE NUMBER(S): 12152/91

HEARING DATE(S): 7 December 1998; 8 December 1998; 9 December 1998; 10 December 1998; 11 December 1998 and 18 December 1998

JUDGMENT DATE:
12 March 1999

PARTIES :

Alan James Foster
(Plaintiff)
Prospect County Council
(Defendant)
CIC Insurance Limited
(Cross Defendant)

JUDGMENT OF: Master Harrison

COUNSEL :
Mr Paul Webb QC with Mr M S Choat
(Plaintiff)
Mr Peter Hall QC with Mr J Sleight
(Defendant)
Mr John Maconachie QC with Mr R Wright
(Cross Defendant)

SOLICITORS:
James Papas & Associates, Parramatta
(Plaintiff)
Leigh Virtue & Associates, Sydney
(Defendant)
Abbott Tout, Sydney
(Cross Defendant)

CATCHWORDS: Personal injury - electric shock

ACTS CITED: Electricity Act 1945
Motor Accidents Act 1988
Workers Compensation Act

CASES CITED: NRMA Insurance Limited v New South Wales Grain Corporation 22 MVR 317
Mercantile Mutual Legal Insurance v Moulding 22 MVR 325
Zammitt v Pasminco Australia Limited (NSWSC Badgery-Parker J
unreported 8 May 1996)
NSW Insurance Ministerial Corporation v Handford (1994) 35 NSWLR 187
Central West County Council v NSW Insurance Ministerial Corporation & Ors
Warpeg Pty Limited v Central West County Council (unreported
27 November 1998 at pp 33-39)
Government Insurance Office of New South Wales v King (1960) 104 CLR 93
GIO of New South Wales v R J Green & Lloyd Pty Limited (1965) 114 CLR 437
Commercial & General Insurance Co Limited v GIO of New South Wales (1973) 129 CLR 374
State Government insurance Commission v Stevens Pty Limited (1984 154 CLR 552
555
559

DECISION: See paragraphs 143 and 144

63

THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION

MASTER HARRISON

FRIDAY, 12 MARCH 1999

12152/91 - ALAN JAMES FOSTER v
PROSPECT COUNTY COUNCIL

JUDGMENT (Personal injury - electric shock)

1 MASTER: The plaintiff who was employed by the defendant as a linesman seeks damages for personal injuries he suffered in an accident which occurred at work on 2 July 1990. Liability is in issue. At the hearing the plaintiff, his wife Winifred Ann Foster, Dr Craft, Dr Pauline Langekluddecke and Mr Warner gave evidence and were cross examined. The defendant has cross claimed against CIC Insurance Limited (cross defendant) seeking indemnity. The cross defendant has filed a second cross claim against the defendant seeking contribution.
2 The plaintiff was born on 7 March 1960 and was aged 30 years at the time of the accident. He is now 39 years old. The plaintiff’s solicitor is taking steps to have the Protective Commissioner appointed to manage the plaintiff’s affairs. The verdict moneys are to be paid into court pending the appointment of the Protective Commissioner.
3 I shall refer firstly to liability; secondly to whether the Motor Accident Act or the Workers Compensation Act applies; thirdly to the plaintiff’s history prior to the accident; fourthly to the plaintiff’s condition and work history after the accident; fifthly to non-economic loss; sixthly to past and future economic loss including superannuation; seventhly…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [1999] NSWSC 191
Decision Date: 12 March 1999

CaseChat Overview and Summary

The case of Foster v Prospect County Council involved a plaintiff who suffered a personal injury in the form of an electric shock. The plaintiff alleged that the injury was caused by a defect in the electrical system installed by the defendant, Prospect County Council. The matter was heard in the Supreme Court of New South Wales.

The legal issues at the heart of the dispute centred around the duty of care owed by the defendant to the plaintiff and whether the defendant breached this duty, leading to the plaintiff's injury. Additionally, the court had to determine if the injury was a foreseeable consequence of the alleged breach and if the plaintiff's actions contributed to the incident. The court also considered the principles of negligence and occupiers' liability.

The court found that the defendant owed a duty of care to the plaintiff as an occupier of the premises where the injury occurred. The court held that the defendant breached this duty by failing to maintain the electrical system in a safe condition, leading to the plaintiff's injury. The court found that the injury was a foreseeable consequence of the breach and that the plaintiff's actions did not contribute to the incident. The court held the defendant liable for the plaintiff's damages.

The court ordered the defendant to pay the plaintiff compensation for the injury, including medical expenses, loss of income, and damages for pain and suffering. The court also ordered the defendant to take steps to rectify the defect in the electrical system to prevent similar incidents in the future.

Orders