Gliderol International Pty Ltd v Rebecca Margarita Skerbic and Patrick Martin McCormack and Bryan John Sheridan T/As Sheridan Garage Doors

The Full Court of the Supreme Court of South Australia considered an appeal concerning a garage roller door that collapsed, causing personal injury to Ms. Skerbic. The appeal was brought by Gliderol International Pty Ltd, the manufacturer of the roller door, against the respondents, Ms. Skerbic and the installers, Patrick Martin McCormack and Bryan John Sheridan, trading as Sheridan Garage Doors. The dispute centred on liability for the personal injuries sustained by Ms. Skerbic due to the alleged inadequacy of the installation instructions provided by Gliderol and the conduct of the installers.

The central legal issues before the Full Court were whether Gliderol was liable in negligence or under the Trade Practices Act 1974 (Cth) for providing inadequate installation instructions, and whether the installers owed a higher duty of care as professional installers, including a duty to clarify any ambiguities or inadequacies in those instructions. The Court also had to consider the application of the Trade Practices Act provisions relating to the supply of defective goods and the principles of several liability and apportionment of damages. Furthermore, the Court addressed the requirement for the plaintiff to elect between remedies sought in negligence and under the Trade Practices Act.

The Full Court allowed the appeal, setting aside the Master's previous orders. It held that Ms. Skerbic should be granted leave to file a written election as to whether she sought a remedy in negligence or under the Trade Practices Act. The Court also granted leave for all parties to file written submissions regarding the final orders to be made, with the option to apply for leave to make oral submissions. This indicates that the substantive determination of liability and damages was yet to be finalised, pending the election and further submissions.