Gary Bennett v Baiada Poultry Pty Limited

District Court

New South Wales

Medium Neutral Citation:	Gary Bennett v Baiada Poultry Pty Limited [2014] NSWDC 144
Hearing dates:	11 - 13 August 2014
Decision date:	05 September 2014
Before:	Mahony SC DCJ
Decision:	Verdict and Judgment for the Plaintiff. For Orders see [128]
Catchwords:	Liability of principal to independent contractor; contributory negligence
Legislation Cited:	Civil Liability Act 2002 Workers Compensation Act 1987
Cases Cited:	Adeels Palace Pty Limited v Moubarek (2009) 239 CLR 420 Andar Transport Pty Limited v Brambles Limited (2004) 217 CLR 424 Berkeley Challenge Pty Limited v Howarth [2013] NSWCA 370 Estate of the Late M T Mutton by its Executors & R W Mutton, trading as Mutton Brothers v Howard Haulage Pty Limited [2007] NSWCA 340 Fox v Wood (1981) 148 CLR 438 Graham v Baker (1961) 106 CLR 340 Haleluka v Coles Supermarkets [2012] NSWCA 343 Husher v Husher (1999) 197 CLR 138 Leighton Contractors Pty Limited v Fox (2009) 240 CLR 1 Medlin v State Government Insurance Commission (1995) 182 CLR 1 Pollard v Baulderstone Hornibrook Engineering [2008] NSWCA 99 Rockdale Beef Pty Limited v Carey [2003] NSWCA 132 Stevens v Brodribb Sawmilling Co Pty Limited (1986) 160 CLR 16 Sydney Water Corporation v Abramovic [2007] NSWCA 248 Thompson v Woolworths (Queensland) Pty Limited (2005) 221 CLR 234 Varga v Galea [2011] NSWCA 76 Wooby v Australian Postal Corporation [2013] NSWCA 183
Category:	Principal judgment
Parties:	Gary Bennett (Plaintiff) Baiada Poultry Pty Limited (Defendant)
Representation:	A Lidden SC with P Khandhar (Plaintiff) D Priestley (Defendant) Brydens Lawyers Pty Limited McCulloch & Buggy
File Number(s):	13/54439
Publication restriction:	Nil

Judgment

The Plaintiff's Claim

1. The plaintiff claims damages for personal injury suffered by him at his work as a contract driver on 13 March 2010. The plaintiff was a director and an employee of G & D Bennett Transport Pty Limited which was incorporated in 2000. Since that time, the corporation had contracted first with Bartter Enterprises, and subsequently from 2008, with the defendant, to deliver fresh poultry products within the metropolitan area of Sydney.

1. The plaintiff was born on 19 November 1947 and in 2007 had leased a refrigerated pantechnicon truck on a five year lease. It was his intention to work to age 70, using the same truck for a period of five years after the lease expired.

1. The system employed by the defendant for delivery of its products involved the defendant loading the truck driven by the plaintiff by its own employees during the nightshift. The plaintiff commenced work at 3.30am when he collected his laden truck at the defendant's site at Girraween. The load was securely locked. The plaintiff was required to first drive the truck over a weighbridge to verify the weight of the load and only then could the secure lock be broken for him to check the load in the back of the truck. The truck had rigid sides and was loaded, and unloaded, from the rear of the truck.

1. The fresh chicken was packed in plastic…