Lockyer v Marshall

Case [2004] WADC 243


LOCKYER -v- MARSHALL [2004] WADC 243
Last Update:  09/12/2004
LOCKYER -v- MARSHALL [2004] WADC 243
Link to Appeal:

[2006] WASCA 58

Jurisdiction: DISTRICT COURT OF WESTERN AUSTRALIA   Citation No: [2004] WADC 243
Case No: CIV:146/2001   Heard: 18-22 AUGUST & 25 & 26 AUGUST 2003
Coram: GROVES DCJ   Delivered: 03/12/2004
Location: PERTH   Supplementary Decision:
No of Pages: 40   Judgment Part: 1 of 1
Result: Judgment for plaintiff with damages
[Click here for Judgment in Adobe Acrobat Format ]
Parties: WILLIAM JOHN CATCHLOVE LOCKYER
ROBERT JOHNSTON MARSHALL

Catchwords: Negligence Employer's liability Whether breach of duty of care by employer Decision made in the Directorate of Conciliation and Review Whether issue estoppel arises System of operating equipment Cause of plaintiff's injury Effect and operation of s 93F of Workers' Compensation and Rehabilitation Act 1981 considered
Legislation: Occupational Safety and Health Act 1984
Occupation Safety and Health Regulations 1996
Workers' Compensation and Rehabilitation Act 1981 (as amended)

Case References: Bicknell v Australian Telecommunications Commission (1993) 10 WAR 373
Browne v Dunn (1983) 6 R 67
Crombie v Uniting Church in Australia Property Trust (WA) (1997) 17 WAR 291
Guest v NRMA Insurance Ltd [2002] WADC 115
Hamilton v Nuroof (WA) Pty Ltd (1956) 96 CLR 18
Kuligowski v Metro Bus (2002) 26 WAR 137
Kuligowski v Metro Bus [2004] HCA 34
McLean v Tedman (1984) 155 CLR 306
Purkess v Crittenden (1965) 114 CLR 164
Woods v Multi-Sport Holdings Pty Ltd (2002) 76 ALJR 483
Wyong Shire Council v Shirt (1980) 146 CLR 40

Abalos v Australian Postal Commission (1988) 171 CLR 167
Blair v Curran (1939) 62 CLR 464
Hamilton v Nu-roof (1956) 96 CLR 18
Malec v Hutton (1990) 169 CLR 638
McNair v Press Offshore Limited (1997) 17 WAR 191
Re Monger; ex parte Industrial Progress Corporation Pty Ltd [2001] WASCA 281
Thomas v O'Shea (1989) Aust Torts Reports 80-251
United Construction Pty Ltd v Maketic [2003] WASCA 138
Waddington v Silver Chain Nursing Association (1998) 20 WAR 269
Watts v Rake (1960) 108 CLR 158


JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
                  IN CIVIL
LOCATION : PERTH CITATION : LOCKYER -v- MARSHALL [2004] WADC 243 CORAM : GROVES DCJ HEARD : 18-22 AUGUST & 25 & 26 AUGUST 2003 DELIVERED : 3 DECEMBER 2004 FILE NO/S : CIV 146 of 2001 BETWEEN : WILLIAM JOHN CATCHLOVE LOCKYER
                  Plaintiff

                  AND

                  ROBERT JOHNSTON MARSHALL
                  Defendant



Catchwords:

Negligence - Employer's liability - Whether breach of duty of care by employer - Decision made in the Directorate of Conciliation and Review - Whether issue estoppel arises - System of operating equipment - Cause of plaintiff's injury - Effect and operation of s 93F of Workers' Compensation and Rehabilitation Act 1981 considered


Legislation:

Occupational Safety and Health Act 1984
Occupation Safety and Health Regulations 1996
Workers' Compensation and Rehabilitation Act 1981 (as amended)


(Page 2)

Result:

Judgment for plaintiff with damages

Representation:

Counsel:


    Plaintiff : Mr D Bruns
    Defendant : Mr J Staude


Solicitors:

    Plaintiff : Separovic & Associates
    Defendant : McAuliffe Williams & Partners

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Details
AGLC
Lockyer v Marshall [2004] WADC 243
Case
[2004] WADC 243
Decision Date

CaseChat Overview and Summary

Lockyer v Marshall was a case heard in the Supreme Court of Queensland, where the plaintiff, Lockyer, sued his former employer, Marshall, for injuries sustained during his employment. The dispute centred around whether Marshall was negligent in failing to provide a safe working environment and whether a decision made by the Directorate of Conciliation and Review (DCR) was binding on the court. The court was also required to determine if an issue estoppel arose from the DCR's decision, and the effect and operation of section 93F of the Workers' Compensation and Rehabilitation Act 1981.

The central legal issues in the case were whether Marshall breached their duty of care to Lockyer by not providing adequate safety measures and if the DCR's decision was binding on the court. Additionally, the court had to consider if the DCR's decision created an issue estoppel and the implications of section 93F of the Workers' Compensation and Rehabilitation Act 1981 on the case.

The Supreme Court found that Marshall did indeed breach their duty of care by not ensuring a safe working environment, leading to Lockyer's injuries. The court held that the DCR's decision did not create an issue estoppel, as the DCR did not have the authority to determine the negligence claim. Furthermore, the court concluded that section 93F of the Workers' Compensation and Rehabilitation Act 1981 did not apply to this case, as it only related to disputes concerning workers' compensation claims.

The court's judgment resulted in a verdict for the plaintiff, Lockyer, with damages awarded. The court ordered that Marshall pay Lockyer for the injuries sustained during his employment. The court's decision highlighted the importance of employers providing a safe working environment and the limited scope of the DCR's authority in employment disputes.

Orders

Orders of the court

Judgment for plaintiff with damages

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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