Kendrick v Bluescope Steel (AIS) Pty Ltd

In Kendrick v Bluescope Steel (AIS) Pty Ltd, the plaintiff sued the employer and the contractor for damages arising from an accident within the steelworks. The plaintiff, who was a passenger in a domestic vehicle, was rendered a quadriplegic after a collision with an oversize dump truck. The dispute centred on the employers' and contractors' liability for the accident and the apportionment of damages. The case was heard by the Supreme Court of New South Wales.

The central legal issues were whether the employer and the contractor were negligent in their handling of the movement of vehicles within the steelworks, and whether the contractor was vicariously liable for the actions of the truck driver. The court had to determine if there was a breach of duty by the haulage contractor towards other drivers, and whether the plaintiff's injuries were a foreseeable result of the breach. Additionally, the court considered the issue of contributory negligence and the apportionment of liability between the defendants.

The court found that both the employer and the contractor were negligent in their failure to properly coordinate the movement of vehicles within the steelworks, and that this negligence was a proximate cause of the accident. The contractor was held vicariously liable for the actions of the truck driver, who had a duty of care towards other drivers, including those in domestic vehicles. The court held that the plaintiff's injuries were a foreseeable result of the breach of duty, and that the defendants were jointly and severally liable for the damages. The court also found that the plaintiff was contributorily negligent and reduced the damages awarded by 25%. The court further held that the application of section 15B of the Civil Liability Act was appropriate in this case, and ordered that the damages be paid into a trust fund for the benefit of the plaintiff.

The final orders included a declaration of liability by both the employer and the contractor, an order for damages to be paid into a trust fund, and an order for the defendants to pay the plaintiff's legal costs. The court also made orders in relation to the management of the trust fund, including the appointment of a trustee and the setting of guidelines for the distribution of funds to the plaintiff.