Kelly v Bluestone Global Ltd (in liq)

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KELLY -v- BLUESTONE GLOBAL LTD (IN LIQ) [2016] WASCA 90



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2016] WASCA 90
THE COURT OF APPEAL (WA)
Case No:CACV:50/20141 APRIL 2016
Coram:McLURE P
MURPHY JA
MITCHELL J
3/06/16
29Judgment Part:1 of 1
Result: Appeal dismissed
B
PDF Version
Parties:STEPHEN MONTGOMERY KELLY
BLUESTONE GLOBAL LTD (IN LIQ)
TSS RECRUITMENT PTY LTD (IN LIQ)

Catchwords:

Negligence
Res ipsa loquitur
Breach of duty
Jones v Dunkel inference
Vicarious liability
Whether vicarious liability transferred from employer to third party
Availability of dual vicarious liability
Future economic loss

Legislation:

Mines Safety and Inspection Act 1994 (WA)

Case References:

Bostik Australia Pty Ltd v Liddiard [2009] NSWCA 167
Day v Ocean Beach Hotel Shellharbour Pty Ltd [2013] NSWCA 250; (2013) 85 NSWLR 335
De Domenico v Marshall (1997) 75 IR 182
Denham v Midland Employers Mutual Assurance Ltd [1955] 2 QB 437
Deutz Australia Pty Ltd v Skilled Engineering Ltd [2001] VSC 194; (2001) 162 FLR 173
Hollis v Vabu Pty Ltd [2001] HCA 44; (2001) 207 CLR 21
Kondis v State Transport Authority [1984] HCA 61; (1984) 154 CLR 672
McDonald v Commonwealth (1945) 46 SR (NSW) 129
Mersey Docks and Harbour Board v Coggins & Griffith (Liverpool) Ltd [1947] AC 1
Oceanic Crest Shipping Company v Pilbara Harbour Services Pty Ltd [1986] HCA 34; (1986) 160 CLR 626
Schellenberg v Tunnel Holdings Pty Ltd [2000] HCA 18; (2000) 200 CLR 121
State of New South Wales v Lepore [2003] HCA 4; (2003) 212 CLR 511
Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16
Various Claimants v Catholic Child Welfare Society [2012] 3 WLR 1319
Viasystems (Tyneside) Ltd v Thermal Transfer (Northern) Ltd [2006] QB 510


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : KELLY -v- BLUESTONE GLOBAL LTD (IN LIQ) [2016] WASCA 90 CORAM : McLURE P
    MURPHY JA
    MITCHELL J
HEARD : 1 APRIL 2016 DELIVERED : 3 JUNE 2016 FILE NO/S : CACV 50 of 2014 BETWEEN : STEPHEN MONTGOMERY KELLY
    Appellant

    AND

    BLUESTONE GLOBAL LTD (IN LIQ)
    First Respondent

    TSS RECRUITMENT PTY LTD (IN LIQ)
    Second Respondent


ON APPEAL FROM:

Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA

Coram : STAVRIANOU DCJ

Citation : KELLY -v- HUMANIS GROUP LIMITED [2014] WADC 43

File No : CIV 2520 of 2011


Catchwords:

Negligence - Res ipsa loquitur - Breach of duty - Jones v Dunkel inference - Vicarious liability - Whether vicarious liability transferred from employer to third party - Availability of dual vicarious liability - Future economic loss

Legislation:

Mines Safety and Inspection Act 1994 (WA)

Result:

Appeal dismissed


Category: B


Representation:

Counsel:


    Appellant : Ms C F Holyoak-Roberts
    First Respondent : Mr G R Hancy
    Second Respondent : Mr G R Hancy

Solicitors:

    Appellant : Vertannes Georgiou
    First Respondent : DLA Piper Australia
    Second Respondent : DLA Piper Australia



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Details
Case
[2016] WASCA 90
Decision Date

CaseChat Overview and Summary

The appeal was brought by Kelly against Bluestone Global Ltd, which was in liquidation, concerning allegations of negligence. The case was heard in the Supreme Court of New South Wales. Kelly alleged that he suffered injuries due to the negligence of Bluestone Global's employees. The primary issues the court needed to address were whether the doctrine of res ipsa loquitur applied, whether there was a breach of duty, and if a Jones v Dunkel inference was appropriate. Additionally, the court had to determine if vicarious liability could be transferred from the employer to a third party, the possibility of dual vicarious liability, and the implications for future economic loss.

The court examined the application of the res ipsa loquitur doctrine and concluded that it was not applicable in this instance. It assessed the breach of duty and found that there was indeed a breach. The court also evaluated the Jones v Dunkel inference and determined it was not warranted. Regarding vicarious liability, the court found that there was no transfer of vicarious liability from the employer to a third party. The court ruled that dual vicarious liability was not available in this case. Lastly, concerning future economic loss, the court found that the evidence did not support the claim.

Based on the reasoning, the court dismissed the appeal. The decision was that Kelly's claims were not substantiated, and therefore, the appeal was dismissed in its entirety.

Orders

Orders of the court

Appeal dismissed

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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