Jones v Walker and CTR Pacific Pty Limited and Construction Control Act Pty Limited and Tereel Pty Limited t/as Celtic Plastering Company

[2012] ACTSC 93

LIAM PATRICK JONES v RONALD LLOYD WALKER & Ors
[2012] ACTSC 93 (31 May 2012)

NEGLIGENCE – personal injury – building site – sand delivery truck coming into contact with  scaffolding during unloading – driver directed into position by labourer employed by bricklaying subcontractor – damage to scaffolding causing dislodgment of plank on walkway – plaintiff injured falling through walkway – truck driver and bricklayers’ labourer both negligent and equally to blame – company in control of building site not negligent – company employing and controlled by plaintiff not negligent.

Civil Law (Wrongs) Act 2002 Pt 4, ss 42, 43, 44, 45, 46, 47, 48
Scaffolding and Lifts Act 1957
Scaffolding and Lifts Regulation 1950 rr 86 (12), 73
Legislation Act 2001 ss 82, 88, 150A

Jones v Walker & Ors [2008] ACTSC 117
Rangott v Leaseplan Australia Limited [2008] ACT SC 98
Seip v Riley [2005] ACTSC 68

No.  SC 699 of 2004

Judge:             Master Harper
Supreme Court of the ACT

Date:              31 May 2012

IN THE SUPREME COURT OF THE     )
  )          No.  SC 699 of 2004
AUSTRALIAN CAPITAL TERRITORY           )

BETWEEN:LIAM PATRICK JONES

Plaintiff

AND:RONALD LLOYD WALKER

First Defendant

AND:CTR PACIFIC PTY LIMITED

ACN 064 405 232

Second Defendant

AND:CONSTRUCTION CONTROL ACT PTY LIMITED

ACN 089 635 218

Third Defendant

AND:TEREEL PTY LIMITED t/as CELTIC PLASTERING COMPANY

ABN 86 008 559 411

Third Party

ORDER

Judge:  Master Harper
Date:  31 May 2012
Place:  Canberra

THE COURT ORDERS THAT:

1. judgment be entered for the plaintiff against the first and second defendants for $606,789.45.

1. the first and second defendants pay the plaintiff’s costs.

1. judgment be entered for the third defendant.

1. judgment be entered for the third party.

1. judgment be entered for the first defendant against the second defendant for $303,394.72.

1. the first and second defendants each contribute to the other one-half of the plaintiff’s costs.

1. the proceeding be stood over to  26 June 2012 for submissions as to any further  orders.

1. On 1 March 2001 the plaintiff was injured when he fell from scaffolding on a building site at Canberra Airport.

2. The plaintiff was the controlling director, and also an employee, of the third party Tereel Pty Limited, which traded as Celtic Plastering.  The company had been in business for some twenty-five years and had about ten employees.  The company was a subcontractor on the building project, which involved the construction of an office building of some three or four storeys.  The brickwork shell of the building had been constructed and was surrounded by scaffolding.  It appears from documents in evidence that the scaffolding had been erected by another subcontractor, Waco Kwikform.

The proceedings and the parties

1. The plaintiff’s then solicitors commenced the present proceedings in the Magistrates Court in February 2003 against the present first and second defendants only.  The first defendant, Mr Walker, is sued as the driver of a truck which came into contact with the scaffolding in the course of delivery of a load of sand to the site.  Mr…