McDonalds Australia Limited v Therma Truck Pty Limited

McDonalds Australia Limited appealed and Therma Truck Pty Limited cross-appealed from orders made by a Master concerning a claim for damages for personal injuries. The plaintiff, employed as a truck driver and stagehand, suffered serious injuries when a stage platform collapsed. The dispute involved allegations of negligence and a claim under section 52 of the *Trade Practices Act 1974* (Cth). The appeal and cross-appeal were heard by Mason P, Stein JA, and Foster AJA in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the Master had improperly exercised discretion in apportioning liability, whether such apportionment was unreasonable or plainly unjust, and whether the plaintiff's claim for breach of section 52 of the *Trade Practices Act 1974* was statute barred and, if not, whether it was made out. The court was also required to consider the appropriate orders for costs.

The Court of Appeal dismissed both the appeal and the cross-appeal. The judges applied principles of negligence and causation, considering the extent to which the plaintiff's own conduct contributed to his injuries. Regarding the section 52 claim, the court determined the relevant time limitations and assessed whether the conduct of the defendant met the threshold for a breach of that provision. The court found no error in the Master's apportionment of liability, nor in the determination of the section 52 claim.

Consequently, the Court of Appeal dismissed the appeal and cross-appeal with costs. However, it varied the Master's costs orders, substituting them with an order that the respondent (Therma Truck) pay 80% of the appellant's (McDonalds) costs of the cross-claim, and that the appellant pay 20% of the respondent's costs of the cross-claim.