General Jones Pty Ltd v Wildridge & Sinclair Pty Ltd & Burnie Port Authority; Olympic General v Burnie Port Authority & Wildridge & Sinclair; Burnie Port Authority v Wildridge & Sinclair Pty Ltd & Olympic General - [1988] TASSC 38

Serial No 28/1988
List “A”

CITATION:General Jones Pty Ltd v Wildridge & Sinclair Pty Ltd & Burnie Port Authority;
Olympic General v Burnie Port Authority & Wildridge & Sinclair;
Burnie Port Authority v Wildridge & Sinclair Pty Ltd & Olympic General [1988] TASSC 38; A28/1988

PARTIES:  GENERAL JONES PTY LTD
  v
  WILDRIDGE & SINCLAIR PTY LTD

BURNIE PORT AUTHORITY
OLYMPIC GENERAL
v
BURNIE PORT AUTHORITY
WILDRIDGE & SINCLAIR PTY LTD
BURNIE PORT AUTHORITY
v
WILDRIDGE & SINCLAIR PTY LTD
OLYMPIC GENERAL

TITLE OF COURT:  SUPREME COURT OF TASMANIA
JURISDICTION:  ORIGINAL
FILE NO/S:  694/1981

2913/1981
2860A/1982

DELIVERED ON:  2 August 1988
DELIVERED AT:
HEARING DATE:
JUDGMENT OF:

Judgment Number: A28/1988
Number of paragraphs: 158

Serial No 28/1988
List "A"
File Nos 694/1981
2913/1981
2860A/1982

GENERAL JONES PTY LTD v WILDRIDGE & SINCLAIR PTY LTD
& BURNIE PORT AUTHORITY
OLYMPIC GENERAL v BURNIE PORT AUTHORITY
& WILDRIDGE & SINCLAIR
BURNIE PORT AUTHORITY v WILDRIDGE & SINCLAIR PTY LTD
& OLYMPIC GENERAL

REASONS FOR JUDGMENT NEASEY J

2 August 1988

TABLE OF CONTENTS

1         The Fire  1
2         The Proceedings  2
3         Preliminary issue – effect of failure to call certain witnesses  3
4         Principal elements involved in determining the cause of the fire  6
(a)      Stacking and location of the cartons of Isolite  6
(b)      Air movement  8
(c)      Combustion characteristics of Isolite  9
(d)      Occurrence of the fire  10
(e)      Burden of proof  12
(f)      The time element  14
(g)      The distance factor  15
(h)      The content of expert evidence  16

5         Determination as to the cause of the fire  22
6         Liability of Wildridge & Sinclair Pty Ltd  24
(a)      To General Jones Pty Ltd in Action No 694 of 1981  24
(b)      To Burnie Port Authority in Actions No 2860A of 1982 and 694 of 1981                27
(c)      To Olympic General Products Pty Ltd in Action No 2913 of 1981  29

7         Liability of Olympic General Products Pty Ltd  32
(a)      To Burnie Port Authority in Action No 2860A of 1982  32
(b)      To Wildridge & Sinclair Pty Ltd in Action  33

8         Liability of Burnie Port Authority No 694 of 1981  33
(1)      To General Jones Pty Ltd in Action No 694 of 1981  33
(a)      For escape of fire  33
(b)      In negligence  38
(2)      To Olympic General Products Pty Ltd in Action No 2913 of 1981  41

9 Summary of determinations as to liability 41

Serial No 28/1988
List "A"

File Nos 694/1981
2913/1981
286OA/1982

REASONS FOR JUDGMENT NEASEY J

2 August 1988

The Fire

At about 12.20pm on 20 December 1979, a fire broke out in the space between the ceiling and the roof of the Burnie Port Authority's cold store in the port area at Burnie. This cold store was a large rectangular building some 98 metres…

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

AGLC: General Jones Pty Ltd v Wildridge & Sinclair Pty Ltd & Burnie Port Authority; Olympic General v Burnie Port Authority & Wildridge & Sinclair; Burnie Port Authority v Wildridge & Sinclair Pty Ltd & Olympic General [1988] TASSC 38
Case: [1988] TASSC 38
Decision Date: 2 August 1988

CaseChat Overview and Summary

In the Supreme Court of Tasmania, three actions were consolidated for determination of issues of liability between General Jones Pty Ltd, Wildridge & Sinclair Pty Ltd, Burnie Port Authority, and Olympic General Products Pty Ltd. The actions arose from a fire that occurred at a cold storage facility during construction works. The primary issues were the cause of the fire and the parties' respective liabilities. The court considered expert evidence on welding practices, the combustibility of the materials involved, and the circumstances leading up to the fire. The court found that Wildridge & Sinclair Pty Ltd was liable to General Jones Pty Ltd for the fire caused by negligent welding practices. Burnie Port Authority was also held liable for failing to provide adequate fire-fighting equipment. Olympic General Products Pty Ltd was found liable for supplying the combustible insulation material. The court determined that Burnie Port Authority was entitled to indemnity from Wildridge & Sinclair Pty Ltd, and Olympic General Products Pty Ltd was liable to Burnie Port Authority for contribution.

Orders