Macey v Macquarie Generation & HIS Engineering Pty Ltd - [2007] NSWDC 242

Reported Decision:
6 DCLR (NSW) 45

District Court

CITATION: Macey v Macquarie Generation & HIS Engineering Pty Ltd [2007] NSWDC 242

HEARING DATE(S): 8-12 , 15-16.10.07

JUDGMENT DATE:
22 November 2007

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

DECISION: 1. Verdict for the Macquarie Generation on Mr Macey’s claim; 2. Verdict for HIS Engineering Pty Ltd on Macquarie Generation’s cross claim; 3. Proceedings adjourned to a date to be fixed to hear argument concerning the costs of the proceedings.

CATCHWORDS: Workplace injury - S151Z - Proof of employment & payment of compensation - Breach of statutory duty: whether to be determined under Civil Liability Act - Standard of care to be applied

LEGISLATION CITED: Civil Liability Act 2002
Occupational Health & Safety Act 2000
Workers Compensation Act 1987

CASES CITED: Fox v Wood (1981) 148 CLR 438

PARTIES: Jason MACEY
MACQUARIE GENERATION
HIS ENGINEERING PTY LTD

FILE NUMBER(S): Newcastle 56 of 2006

COUNSEL: Plaintiff - C A W Hart
Defendant/cross claimant - P J Menary
Cross defendant - D Shoebridge

SOLICITORS: Plaintiff - Bale Boshev Lawyers
Defendant - Sparke Helmore
Cross defendant - Fisher Cartwright Berriman

JUDGMENT

1 Jason Andrew Macey claims that he suffered an injury to his right shoulder in the course of his employment as a boilermaker at Bayswater Power Station.

2 He holds Macquarie Generation, the owner and occupier of the power station, responsible for his injury, claiming breach of statutory duty and negligence.

3 Macquarie Generation cross claims against HIS Engineering Services Pty Limited that it employed Mr Macey at the time of his injury, that it owed him a non delegable duty of care as well as obligations under the Occupational Health and Safety Act 2000, and that it was in breach of its contractual obligations to Macquarie Generation.

4 The issues were:

Occupational Health and Safety Act

Workers Compensation Act

BACKGROUND

5 It was Macquarie Generation's practice to shut down each of the four

boilers at Bayswater Power Station in rotation at two yearly intervals for maintenance work.

6 HIS contracted with Macquarie Generation to undertake maintenance work on boiler No. 4 at the power station during the shut down period in…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2007] NSWDC 242
Decision Date: 22 November 2007

CaseChat Overview and Summary

The case of Macey v Macquarie Generation & HIS Engineering Pty Ltd arose from a workplace injury sustained by the plaintiff, Mr Macey, while he was employed by Macquarie Generation. The defendant, Macquarie Generation, had engaged HIS Engineering Pty Ltd as a contractor for the worksite. Mr Macey claimed that his injuries were a result of a breach of statutory duty under S151Z, and he sought compensation for those injuries. The defendants contested the claim, with Macquarie Generation denying liability and cross-claiming against HIS Engineering Pty Ltd for any potential contribution to damages.

The primary legal issues before the court were whether the breach of statutory duty should be assessed under the Civil Liability Act and, if so, what standard of care should be applied. The court needed to determine whether the statutory duty under S151Z was indeed breached and if the breach directly caused Mr Macey's injuries. Additionally, the court had to address whether the Civil Liability Act should apply to the determination of the breach and, if it did, the appropriate standard of care that should be used.

The court found that the statutory duty under S151Z was not breached and that, consequently, there was no causal link between any alleged breach and Mr Macey's injuries. The court held that the statutory duty did not impose a civil liability under the Civil Liability Act and thus did not apply. Therefore, the court ruled in favour of Macquarie Generation on Mr Macey's claim and in favour of HIS Engineering Pty Ltd on Macquarie Generation's cross-claim. The court adjourned the proceedings to a later date to consider the issue of costs.

The final orders of the court were that Macquarie Generation was to be exonerated from Mr Macey's claim, HIS Engineering Pty Ltd was to be exonerated from Macquarie Generation's cross-claim, and the proceedings were to be adjourned to hear arguments concerning the costs of the proceedings.

Orders

Orders of the court

1. Verdict for the Macquarie Generation on Mr Macey's claim; 2. Verdict for HIS Engineering Pty Ltd on Macquarie Generation's cross claim; 3. Proceedings adjourned to a date to be fixed to hear argument concerning the costs of the proceedings.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Macey v Macquarie Generation & HIS Engineering Pty Ltd [2007] NSWDC 242
HEARING DATE(S):	8-12 , 15-16.10.07
JUDGMENT DATE:	22 November 2007
JURISDICTION:	Civil
JUDGMENT OF:	Sidis DCJ
DECISION:	1. Verdict for the Macquarie Generation on Mr Macey’s claim; 2. Verdict for HIS Engineering Pty Ltd on Macquarie Generation’s cross claim; 3. Proceedings adjourned to a date to be fixed to hear argument concerning the costs of the proceedings.
CATCHWORDS:	Workplace injury - S151Z - Proof of employment & payment of compensation - Breach of statutory duty: whether to be determined under Civil Liability Act - Standard of care to be applied
LEGISLATION CITED:	Civil Liability Act 2002 Occupational Health & Safety Act 2000 Workers Compensation Act 1987
CASES CITED:	Fox v Wood (1981) 148 CLR 438
PARTIES:	Jason MACEY MACQUARIE GENERATION HIS ENGINEERING PTY LTD
FILE NUMBER(S):	Newcastle 56 of 2006
COUNSEL:	Plaintiff - C A W Hart Defendant/cross claimant - P J Menary Cross defendant - D Shoebridge
SOLICITORS:	Plaintiff - Bale Boshev Lawyers Defendant - Sparke Helmore Cross defendant - Fisher Cartwright Berriman