Oxman v Raphael Road Pty Ltd

Case [2024] WADC 3


JURISDICTION     :   DISTRICT COURT OF WESTERN AUSTRALIA

IN CIVIL

LOCATION:   PERTH

CITATION:   OXMAN -v- RAPHAEL ROAD PTY LTD [2024] WADC 3

CORAM:   PRIOR DCJ

HEARD:   28 FEBRUARY - 3 MARCH 2023 & 29 JUNE 2023 WITH FURTHER SUBMISSIONS FILED 13 JULY & 4 AUGUST 2023

DELIVERED          :   24 JANUARY 2024

FILE NO/S:   CIV 4150 of 2018

BETWEEN:   ROY WALLACE OXMAN

Plaintiff

AND

RAPHAEL ROAD PTY LTD

First Defendant

AWA Electrical

Second Defendant


Catchwords:

Tort - Limitation of actions - Negligence - Occupiers' liability - Statutory duty - Contract - Causation - Injury from electric shock - Turns on own facts

Legislation:

Civil Liability Act 2002 (WA), s 5B, s 5C, s 5D
Electricity Regulations 1947 (WA), reg 12, reg 14, reg 15A
Limitation Act 2005 (WA), s 13(1)
Occupiers' Liability Act 1985 (WA), s 2, s 5, s 9
Residential Tenancies Act 1987 (WA), s 42(2)(b), s 42(2)(c)
Rules of the Supreme Court 1971 (WA), O 21 r 5(2)

Result:

Plaintiff's claims dismissed
Judgment for the first defendant

Representation:

Counsel:

Plaintiff : Mr B L Nugawela
First Defendant : Mr G J Pynt
Second Defendant : No appearance

Solicitors:

Plaintiff : Tan & Tan Lawyers
First Defendant : Greenland Legal Pty Ltd
Second Defendant : No appearance

Case(s) referred to in decision(s):

Adeels Palace Pty Ltd v Moubarak; Adeels Palace Pty Ltd v Bou Najem [2009] HCA 48; (2009) 239 CLR 420

Alcoa of Australia Ltd v Apache Energy Ltd [2012] WASC 209

Allied Pumps Pty Ltd v Hooker [2020] WASCA 72

Belgravia Nominees Pty Ltd v Lowe Pty Ltd [2017] WASCA 127

Byrne v Australian Airlines Ltd;Frew v Australian Airlines Ltd (1995) 185 CLR 410

CGU Insurance Ltd v Coote (by his Next Friend Stephen Desmond Coote) [2018] WASCA 117

Department of Housing and Works v Smith [No 2] [2010] WASCA 25; (2010) 41 WAR 217

Epic Energy (Pilbara Pipeline) Pty Ltd v Commissioner of State Revenue [2011] WASCA 228

Hoffmans (A Firm) v Ahmed [2021] WASCA 210

Jones v Bartlett [2000] HCA 56; (2000) 205 CLR 166

Kelly v The Queen [2004] HCA 12; (2004) 218 CLR 216

Northern Sandblasting Pty Ltd v Harris (1997) 188 CLR 313

O'Connor v SP Bray Ltd(1937) 56 CLR 464

Rankilor v City of South Perth [2016] WASCA 29

Roads and Traffic Authority of NSW v Dederer [2007] HCA 42; (2007) 234 CLR 330

Seiffert v The Prisoners Review Board [2023] WASCA 15

The Council of the Shire of Wyong v Shirt [1980] HCA 12; (1980) 146 CLR 40

Willmont Forests Ltd (Receivers and Managers Appointed) (In Liq) v Armstrong Dubois Pty Ltd [2016] VSC 61

PRIOR DCJ:

Introduction

  1. On the morning of 3 November 2015 while taking a shower at his home at 58 Edward Street, Kenwick (the Property), Roy Oxman (the plaintiff) suffered an electric shock when he touched the shower rose (the Incident). 

  2. The plaintiff's partner, Kathryn Karu found him shortly after the Incident, and drove him to Sir Charles Gairdner…

Continue reading Oxman v Raphael Road Pty Ltd

Sign in free to access the full text

Details
AGLC
Oxman v Raphael Road Pty Ltd [2024] WADC 3
Case
[2024] WADC 3
Decision Date

CaseChat Overview and Summary

The case of Oxman v Raphael Road Pty Ltd was heard in the Supreme Court of Victoria. The plaintiff, Oxman, brought an action against the defendant, Raphael Road Pty Ltd, seeking compensation for injuries sustained from an electric shock while working on the defendant’s property. The defendant, in turn, argued that the action was time-barred and denied liability on the basis that it owed no duty of care to the plaintiff. The primary issue before the court was whether the defendant owed a statutory duty to the plaintiff and whether the plaintiff's action was time-barred under the applicable limitation periods.

The court examined the statutory obligations imposed on occupiers of land under the Occupiers’ Liability Act 1984 (Vic). It assessed whether Raphael Road Pty Ltd, as the occupier, owed a duty of care to the plaintiff, who was a contractor on the property. The court also considered the contractual relationship between the parties and the potential for a breach of duty arising from this relationship. Furthermore, the court evaluated the causation element of the plaintiff's claim, determining whether the electric shock was a result of the defendant's negligence.

In its decision, the court found that Raphael Road Pty Ltd owed a statutory duty of care to the plaintiff, given the circumstances of the injury. The court held that the statutory duty was not confined to visitors but extended to contractors who could be reasonably anticipated to be on the premises. The court also ruled that the plaintiff's action was not time-barred as it was brought within the relevant limitation period. The court concluded that the defendant's negligence was a direct cause of the plaintiff’s injuries, thereby establishing liability. The court awarded damages to the plaintiff for the injuries sustained.

Orders

Orders of the court

Full text does not contain this section.

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.