Izzard v Dunbier Marine Products (NSW) Pty Ltd

The case of *Izzard v Dunbier Marine Products (NSW) Pty Ltd* involved an appeal to the Court of Appeal of New South Wales concerning injuries sustained by an employee, Mr. Izzard, while assisting in the unloading of a contractor's vehicle. Mr. Izzard was employed by Haulage and was injured while unloading metal frames from a trailer attached to a prime mover owned by Dunbier Marine Products (NSW) Pty Ltd. The dispute centred on the apportionment of liability for Mr. Izzard's injuries between his employer and the contractor, and the subsequent impact on damages recoverable under the *Workers Compensation Act 1987* (NSW).

The Court of Appeal was required to determine several legal issues, including whether the employer owed a duty of care to provide a safe system of work, and if so, whether that duty was breached. It also had to consider the extent to which the contractor was liable for the injuries, particularly in relation to the unsecured nature of the load. Furthermore, the court needed to address the application of section 151Z of the *Workers Compensation Act 1987* regarding the reduction of damages by reason of contribution recoverable from the employer, and the calculation of that reduction, potentially involving assessments under the *Workplace Injury Management and Workers Compensation Act 1998*. The question of whether a defect in the vehicle or its operation constituted an accident for the purposes of the *Motor Accidents Compensation Act 1999* (NSW) was also a relevant consideration.

The Court of Appeal found that the employer had failed to provide a safe system of work, contributing to the employee's injuries. However, it also determined that the contractor bore a greater proportion of the responsibility for the accident, apportioning liability at 60% to the contractor and 40% to the employer. The court allowed the appeal, setting aside previous orders and substituting new ones. These new orders included a judgment for the cross-claimants (Mr. Izzard and Haulage) against the cross-defendant (Dunbier) for 40% of the liability, and remitted the proceedings to the District Court to determine the precise contribution recoverable and the extent to which the plaintiff's judgment should be reduced under section 151Z of the *Workers Compensation Act 1987*. The court also made orders regarding the payment of costs between the parties and the payment of costs in the Court of Appeal.