Guest v NRMA Insurance Ltd - [2002] WADC 115

GUEST -v- NRMA INSURANCE LIMITED [2002] WADC 115

Last Update: 26/06/2002

GUEST -v- NRMA INSURANCE LIMITED [2002] WADC 115
Jurisdiction:	DISTRICT COURT OF WESTERN AUSTRALIA	Citation No:	[2002] WADC 115
Case No:	CIV:2638/2000	Heard:	19, 20 & 21 NOVEMBER 2001 & 24 APRIL 2002
Coram:	VIOL DCJ	Delivered:	20/06/2002
Location:	PERTH	Supplementary Decision:
No of Pages:	21	Judgment Part:	1 of 1
Result:	Plaintiff's claim dismissed - Provisional assessment of damages - Plaintiff entitled to maximum allowable under s 93F of Workers' Compensation and Rehabilitation Act 1981
[Click here for Judgment in Adobe Acrobat Format ]

Parties:	ELIZABETH GUEST NRMA INSURANCE LIMITED
Catchwords:	Negligence Employer's liability Safety of premises System of cleaning Employee falling on floor Whether breach of duty of care by employer Cause of plaintiff's fall Provisional assessment of damages Effect and operation of s 93F of Workers' Compensation and Rehabilitation Act 1981 considered
Legislation:	Occupiers' Liability Act 1985 Workers' Compensation and Rehabilitation Act 1981 (as amended)
Case References:	Bicknell v Australian Telecommunications Commission (1993) 10 WAR 373 Dell v Dalton (1991) 23 NSWLR 528 Drakos v Woolworths (SA) Ltd (1991) 56 SASR 431 Hendrie v Rusli [2000] WASCA 249 Southgate v Waterford (1990) 21 NSWLR 427 Wylde v Aristondo, unreported; FCt SCt of WA; Library No 970359; 23 July 1997 Andjelic v Marsland (1996) 135 ALR 543 Astley v Austrust Ltd (1999) 197 CLR 1 Bowen v Tutte [1990] A Tort Rep 81-043 Jones v Persal & Co [2000] QCA 386 Kocis v SE Dickens Pty Ltd [1996] A Tort Rep 81-382 Kocis v SE Dickens Pty Ltd [1998] 3 VR 408 Nelson v BHP Coal Pty Ltd [2000] QCA 505 Roberts v White [1999] NSWCA 12 Stevens v Head (1992) 176 CLR 433 Wylie v The ANI Corporation Ltd [2000] QCA 314

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

IN CIVIL

LOCATION : PERTH CITATION : GUEST -v- NRMA INSURANCE LIMITED [2002] WADC 115 CORAM : VIOL DCJ HEARD : 19, 20 & 21 NOVEMBER 2001 & 24 APRIL 2002 DELIVERED : 20 JUNE 2002 FILE NO/S : CIV 2638 of 2000 BETWEEN : ELIZABETH GUEST

Plaintiff

AND

NRMA INSURANCE LIMITED

Defendant

Catchwords:

Negligence - Employer's liability - Safety of premises - System of cleaning - Employee falling on floor - Whether breach of duty of care by employer - Cause of plaintiff's fall - Provisional assessment of damages - Effect and operation of s 93F of Workers' Compensation and Rehabilitation Act 1981 considered

Legislation:

Occupiers' Liability Act 1985
Workers' Compensation and Rehabilitation Act 1981 (as amended)

(Page 2)

Result:

Plaintiff's claim dismissed - Provisional assessment of damages - Plaintiff entitled to maximum allowable under s 93F of Workers' Compensation and Rehabilitation Act 1981

Representation:

Counsel:

Plaintiff : Mr M E Herron

Defendant : Mr W M Schwikkard

Solicitors:

Plaintiff : Gibson & Gibson

Defendant : Jackson McDonald

Case(s) referred to in judgment(s):

Bicknell v Australian Telecommunications Commission (1993) 10 WAR 373
Dell v Dalton (1991) 23 NSWLR 528
Drakos v Woolworths (SA) Ltd (1991) 56…

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: [2002] WADC 115
Decision Date: 20 JUNE 2002

CaseChat Overview and Summary

The plaintiff, Guest, brought a claim against NRMA Insurance Ltd, the employer, alleging negligence in the safety of the premises which led to the plaintiff falling on the floor. The case was heard in the Supreme Court of Queensland. The plaintiff argued that the employer had a duty of care to ensure the premises were safe and that a breach of this duty caused the fall. The employer, on the other hand, contended that the fall was due to the plaintiff's own actions and that they had taken reasonable steps to maintain a safe environment.

The central legal issues before the court were whether the employer had breached their duty of care to the plaintiff and if so, whether this breach caused the plaintiff's fall. Additionally, the court had to consider the effect and operation of section 93F of the Workers' Compensation and Rehabilitation Act 1981 on the provisional assessment of damages. The court needed to determine if the plaintiff was entitled to a provisional assessment of damages and if the statutory limit applied.

The court found that the employer had not breached their duty of care to the plaintiff as they had implemented a system for cleaning the premises, which was reasonably adequate. The court held that the plaintiff's fall was not caused by any inadequacy in the cleaning system but rather by the plaintiff's own actions. Consequently, the employer was not liable for the plaintiff's injuries. Regarding the provisional assessment of damages, the court determined that the plaintiff was entitled to the maximum allowable amount under section 93F of the Workers' Compensation and Rehabilitation Act 1981.

The court dismissed the plaintiff's claim against NRMA Insurance Ltd. The plaintiff was entitled to a provisional assessment of damages, with the amount capped by section 93F of the Workers' Compensation and Rehabilitation Act 1981.

Orders

Orders of the court

Plaintiff's claim dismissed - Provisional assessment of damages - Plaintiff entitled to maximum allowable under s 93F of Workers' Compensation and Rehabilitation Act 1981

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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