JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE FULL COURT (WA)
CITATION: KSCHAMMER -v- R W PIPER & SONS PTY LTD & ORS [2003] WASCA 298
CORAM: MALCOLM CJ
MURRAY J
PARKER J
HEARD: 19 & 23 SEPTEMBER 2003
DELIVERED : 3 DECEMBER 2003
FILE NO/S: FUL 121 of 2002
BETWEEN: DENNIS KSCHAMMER
Appellant (Plaintiff)
AND
R W PIPER & SONS PTY LTD
First Respondent (First Defendant)ROBERT LINDSAY PIPER
Second Respondent (Second Defendant)THE ANI CORPORATION LTD t/as STEELMARK SANDOVERS EAGLE AND GLOBE
Third Respondent (Third Defendant)
Catchwords:
Torts - Negligence - Damages - Special damages - Accident occurred at third respondent's warehouse - Caused by appellant coming into contact with live busbars running parallel to a travel beam - Duty of care owed to independent contractor - Appellant found not to be contributorily negligent - Appeal allowed and damages award varied
Legislation:
Law Reform (Contributory Negligence and Tortfeasors Contribution) Act 1947 (WA), s 7
Occupational Health, Safety and Welfare Act 1984
Occupiers Liability Act 1985 (WA)
Result:
Appeal allowed
Award of damages increased
Category: A
Representation:
Counsel:
Appellant (Plaintiff) : Mr B L Nugawela &
Mr N P Lindsay
First Respondent (First Defendant) : Mr I T Blatchford
Second Respondent (Second Defendant) : Mr I T Blatchford
Third Respondent (Third Defendant) : Ms B A Mangan
Solicitors:
Appellant (Plaintiff) : Marks & Sands
First Respondent (First Defendant) : Greenland Brooksby
Second Respondent (Second Defendant) : Greenland Brooksby
Third Respondent (Third Defendant) : Phillips Fox
Case(s) referred to in judgment(s):
Arthur Robinson (Grafton) Pty Ltd v Carter (1968) 122 CLR 649
ASCIC v Westel Co‑Op Ltd (1992) Aust Torts Rep 81 – 159
Astley v Austrust Ltd (1999) 197 CLR 1
Black v Motor Vehicle Insurance Trust [1986] WAR 32
Bowen v Tutte (1990) Aust Torts Rep 81 – 043
Boyd v Fremantle Steel Fabrication Co (WA) Pty Ltd, unreported; DCt of WA; 20 September 1996 (Library No 5082)
Boyd v Fremantle Steel Fabrication Co (WA) Pty Ltd, unreported; SCt of WA (Full Court); Library No 970272; 3 June 1997
Boyes v Collins [2000] WASCA 344
Bresatz v Przibilla (1962) 108 CLR 541
Bus v Sydney City Council (1989) 167 CLR 78
Butcher v Cutts Transport Pty Ltd, unreported; DCt of WA; 4 September 1997 (Lib No 970266)
Colonial Mutual Life Assurance Society Limited v Producers & Citizens Co‑operative Co of Australia Limited (1931) 46 CLR 41
De Sales v Ingrilli (2002) 193 ALR 130
De Sales v Ingrilli [2000] WASCA 374
Dykstra v Head (1989) Aust Torts Rep 80 – 280
Elia v O'Byrne (1990) Aust Torts Reports 81 – 050
Engel v Salyn [1993] 1 SCR 306
Foyster v Goynich [1984] WAR 80
Gardner Bros & Perrott (WA) Pty Ltd v Seat, unreported; SCt of WA (Full Court); 13 October 1988
Government Insurance Office (NSW) v Johnson [1981] 2 NSWLR 617
Government Insurance Office (NSW) v Lazar, unreported; SCt of NSW (Court of Appeal); 18 June 1991
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- Case
- [2003] WASCA 298
- Decision Date
CaseChat Overview and Summary
The court found that the respondent did owe a duty of care to the appellant. It was held that the respondent should have reasonably foreseen the risk of injury to the appellant and taken reasonable steps to prevent such injury. The court rejected the respondent's argument that the appellant was contributorily negligent, finding that the appellant had taken all reasonable precautions to avoid injury. The court also found that the respondent's negligence was the sole cause of the accident. The court subsequently varied the damages award, reducing the amount of special damages awarded to the appellant.
The Supreme Court of South Australia held that the respondent was liable for the appellant's injuries and varied the damages award. The court found that the respondent had breached its duty of care owed to the appellant by failing to take reasonable steps to prevent the appellant's injury. The appeal was allowed, and the damages award was varied to reflect the court's findings. The final orders of the court included a reduction in the amount of special damages awarded to the appellant, as well as an increase in the amount of general damages. The respondent was ordered to pay the appellant the revised amount of damages.
Orders
Orders of the court
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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
Established by: MURRAY J
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