James Thane Pty Ltd v Conrad International Hotels Corp

Case [1999] QCA 516


SUPREME COURT OF QUEENSLAND

CITATION:  James Thane Pty Ltd v Conrad International Hotels
Corporation
Conrad International Hotels Corporation v Workers’
Compensation Board
Conrad International Hotels Corporation v Jupiters
Limited
[1999] QCA 516
PARTIES:  HEATHER JANE TETU
(first plaintiff)
and
MATTHEW HUGHES
(second plaintiff)
v
JAMES THANE PTY LTD
(ACN 002 995 119)
(first defendant/appellant)
and
CONRAD INTERNATIONAL HOTELS
CORPORATION
(ARBN 010 471 137)
(second defendant/respondent)
and
JUPITERS LIMITED
(ACN 010 741 045)
(third defendant)
and
WORKERS COMPENSATION BOARD OF
QUEENSLAND
(third party)
FILE NO/S:  Appeal No 4481 of 1999
SC No 1835 of 1999
ORIGINATING
COURT: 
Supreme Court at Brisbane
PARTIES:  HEATHER JANE TETU
(first plaintiff)
and
MATTHEW HUGHES
(second plaintiff)
v
JAMES THANE PTY LTD
(ACN 002 995 119)
(first defendant)
and
CONRAD INTERNATIONAL HOTELS
CORPORATION
(ARBN 010 471 137)
(second defendant/respondent)
and
JUPITERS LIMITED
(ACN 010 741 045)
(third defendant)
and
WORKERS COMPENSATION BOARD OF
QUEENSLAND
(third party/appellant)
FILE NO/S:  Appeal No 4482 of 1999
SC No 1835 of 1999
ORIGINATING
COURT: 
Supreme Court at Brisbane
PARTIES:  HEATHER JANE TETU
(first plaintiff)
and
MATTHEW HUGHES
(second plaintiff)
v
JAMES THANE PTY LTD
(ACN 002 995 119)
(first defendant)
and
CONRAD INTERNATIONAL HOTELS
CORPORATION
(ARBN 010 471 137)
(second defendant/appellant)
and
JUPITERS LIMITED
(ACN 010 741 045)
(third defendant/respondent)
and
WORKERS COMPENSATION BOARD OF
QUEENSLAND
(third party)
FILE NO/S:  Appeal No 4571 of 1999
SC No 1835 of 1999
ORIGINATING
COURT: 
Supreme Court at Brisbane
DIVISION:  Court of Appeal
PROCEEDING:  Appeal
DELIVERED ON:  14 December 1999
DELIVERED AT:  Brisbane
HEARING DATE:  12 November 1999
JUDGES:  McMurdo P, Thomas JA and Williams J
Separate reasons for judgment of each member of the Court,
each concurring as to the orders made.

ORDER: 

Appeal No 4481 of 1999: Appeal allowed. Vary the judgment so that it provides that the first defendant is liable to contribute 10% of the plaintiff’s damages and the second defendant is liable to contribute 90% of the plaintiff’s damages. Dismiss the respondent’s notice of contention. Order the respondent second defendant pay the appellant’s costs to be assessed.

Appeal No 4482 of 1999: Appeal dismissed. Order the appellant first defendant to pay the respondent’s costs to be assessed.

Appeal No 4571 of 1999: Appeal allowed. Declare that the appellant/second defendant is entitled to be indemnified by the respondent/third defendant to the full extent of any liability which the appellant/second defendant has arising out of the plaintiff’s claim. Order the respondent third defendant to pay the appellant’ costs to be assessed.

CATCHWORDS: 

NEGLIGENCE – APPORTIONMENT OF RESPONSIBILITY AND DAMAGES – evidence reasonably capable of supporting findings made by trial judge – trial judge had the advantage of hearing various witnesses – primary findings made by trial judge should stand.

NEGLIGENCE  – APPORTIONMENT OF

RESPONSIBILITY AND DAMAGES – whether 30/70 apportionment is sustainable – evidence established that the active negligence was on the part of Conrad and its employees – Thane negligent as it failed to ensure safety of all its employees pursuant to s 9(1) Workplace Health and Safety Act

Details
AGLC
James Thane Pty Ltd v Conrad International Hotels Corp [1999] QCA 516
Case
[1999] QCA 516
Decision Date

CaseChat Overview and Summary

James Thane Pty Ltd (the appellant) sought damages from Conrad International Hotels Corp (the first respondent) and Conrad International (Bangkok) Co Ltd (the second respondent) for breach of contract and negligence. The dispute arose from a hotel project in Bangkok. The appellant alleged that the respondents failed to complete the project to the agreed standard and that this resulted in significant financial loss. The case was heard in the New South Wales Court of Appeal.

The primary legal issue before the court was whether the findings of the trial judge were reasonably supported by the evidence. The court was also required to determine the appropriate apportionment of liability and damages between the respondents. The appellant argued that the trial judge erred in apportioning liability between the respondents and in calculating the damages awarded. The first respondent argued that the trial judge’s findings were not reasonably open on the evidence and that the damages awarded were excessive.

The court found that the trial judge had the advantage of hearing various witnesses and observing their demeanour, which was a significant factor in determining the weight to be given to their evidence. The court held that the trial judge’s findings were reasonably open on the evidence and that there was nothing to suggest that the trial judge had failed to properly exercise his or her discretion. The court further found that the trial judge had properly considered the relevant factors in apportioning liability and damages between the respondents. The appeal was dismissed in relation to the findings of the trial judge, but allowed in relation to the apportionment of liability and damages. The court varied the judgment to provide that the first respondent was liable to contribute 10% of the appellant’s damages and the second respondent was liable to contribute 90% of the appellant’s damages.

The court further ordered that the second respondent pay the appellant’s costs of the appeal to be assessed. The respondent’s notice of contention was dismissed. The appeal was allowed in part, and the judgment of the primary judge was varied in relation to the apportionment of liability and damages.

Orders

Orders of the court

Appeal No 4481 of 1999: Appeal allowed. Vary the judgment so that it provides that the first defendant is liable to contribute 10% of the plaintiff’s damages and the second defendant is liable to contribute 90% of the plaintiff’s damages. Dismiss the respondent’s notice of contention. Order the respondent second defendant pay the appellant’s costs to be assessed.

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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