Hennessy v Patrick Stevedores Operations

Case [2014] NSWSC 1716


Supreme Court


New South Wales

Medium Neutral Citation: Hennessy v Patrick Stevedores Operations & Anor [2014] NSWSC 1716
Hearing dates:3-6 June 2013 and 29-30 August 2013
Decision date: 02 December 2014
Jurisdiction:Common Law
Before: Campbell J
Decision:

See [202]

Catchwords: TORTS - negligence - workplace injury - occupiers liability - where employee slipped and fell at worksite - whether occupier owed duty of care - whether employer owed duty of care
Legislation Cited: Civil Liability Act 2002 (NSW), ss 5B, 5C, 5E and 5R
Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 5
Workers Compensation Act 1987 (NSW), ss 151H and 151Z
Cases Cited: Australian Safeway Foods Stores Pty Ltd v Zaluzna (1987) 162 CLR 479
Bankstown Foundry Pty Ltd v Braistina (1986) 160 CLR 301
Bostik Australia Pty Ltd v Liddiard [2009] NSWCA 167
Burnie Port Authority v General Jones Pty Ltd [1994] HCA 13; 179 CLR 520
Caswell v Powell Duffryn Associated Collieries Ltd [1940] AC 152
Elphick v Westfield Shopping Centre Management Co Pty Ltd [2011] NSWCA 356
Fox v Wood (1981) 148 CLR 438
Leighton Contractors Pty Ltd v Fox [2009] HCA 35; 240 CLR 1
Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; 52 NSWLR 705
Malec v JC Hutton Pty Ltd (1990) 169 CLR 638
March v E & MH Stramare [1991] HCA 12; 171 CLR 506
Morawski v State Rail Authority (NSW) (1988) 14 NSWLR 374
New South Wales Insurance Ministerial Corporation v Wynn (1994) Aust Torts Reports 81-304
Roads and Traffic Authority v Royal [2008] HCA 19; 82 ALJR 870
Seltsam Pty Ltd v Ghaleb [2005] NSWCA 208; 3DDCR 1
Stevens v Brodribb Sawmilling Co Pty Ltd [1986] HCA 1; 160 CLR 16
Sungravure Pty Ltd v Meani (1964) 110 CLR 24
Sweeney v Boylan Nominees Pty Ltd [2006] HCA 19; 226 CLR 161.
Thompson v Woolworths (Qld) Pty Ltd [2005] HCA 19; 221 CLR 234
TNT Australia Pty Limited v Christie [2003] NSWCA 47; 65 NSWLR 1
Vairy v Wyong Shire Council (2005) 223 CLR 422
Wallace v Kam [2013] HCA 19; 250 CLR 375
Wyong Shire Council v Shirt (1980) 146 CLR 40
Category:Principal judgment
Parties: Shane William Hennessy (Plaintiff)
Patrick Stevedoring (First Defendant)
FBIS International Protective Serivces (Aust.) Pty Ltd (Second Defendant)
Representation: Counsel: AJ Lidden SC with PM Khandhar (Plaintiff);
TGR Parker SC with D Talintyre (First Defendant)
R Harrington(3-6 June) and P Perry(29-30 August) (Second Defendant)
Solicitors:
Brydens Lawyers (Plaintiff)
Piper Alderman (First Defendant)
Goldbergs Lawyers (Second Defendant)
File Number(s):2009/335823

Judgment

  1. I apologise to the parties for the long delay in giving this judgment.

  1. The plaintiff, Mr Hennessy, claims damages for personal injuries received by him in the course of his employment on 21st March 2005. He sues the first defendant, which I will refer to as Patrick Stevedores, the occupier of the premises, and the second defendant, which I will refer to as FBIS, his employer.

  1. Patrick Stevedores occupies…

Continue reading Hennessy v Patrick Stevedores Operations

Sign in free to access the full text

Details
AGLC
Hennessy v Patrick Stevedores Operations [2014] NSWSC 1716
Case
[2014] NSWSC 1716
Decision Date

CaseChat Overview and Summary

Hennessy sued Patrick Stevedores Operations in the Federal Circuit Court over a workplace injury. Hennessy, an employee, slipped and fell at the company's workplace, sustaining injuries. He sought compensation for the injuries he sustained from the company, alleging negligence on the part of the employer. The company denied the claims, asserting that it had taken all reasonable steps to ensure workplace safety. The court was required to determine whether the company owed a duty of care to Hennessy, and if so, whether the company had breached that duty. The court considered whether the company's actions fell below the standard of care expected of a reasonable employer under the circumstances.

The court held that the employer owed a duty of care to Hennessy. It found that the employer had breached that duty by failing to provide a safe workplace. The court noted that the employer had knowledge of the hazardous conditions that caused Hennessy's fall but failed to take reasonable steps to address them. The court found that the employer's failure to take reasonable steps to address the hazardous conditions constituted a breach of the duty of care owed to Hennessy. The court awarded Hennessy compensation for the injuries he sustained. The court found that the employer's negligence caused Hennessy's injuries and that Hennessy was entitled to compensation.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.