JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE COURT OF APPEAL (WA)
CITATION: PARLIN PTY LTD -v- CHOICEONE PTY LTD [2012] WASCA 19
CORAM: NEWNES JA
MURPHY JA
MAZZA JA
HEARD: 2 AUGUST 2011
DELIVERED : 31 JANUARY 2012
FILE NO/S: CACV 82 of 2010
BETWEEN: PARLIN PTY LTD
Appellant
AND
CHOICEONE PTY LTD
Respondent
ON APPEAL FROM:
Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA
Coram :YEATS DCJ
Citation :BARNS -v- PARLIN PTY LTD & ORS [2010] WADC 92
File No :CIV 1962 of 2005
Catchwords:
Negligence - Employee of labour hire firm sent to work for client of firm on drilling rig - Employee injured when high pressure hose on rig failed - Client negligent in failing to inspect hose - Labour hire firm negligent in failing to require client to conduct safety inspection of drilling rig before employee started work - Whether client entitled to contribution from labour hire firm to damages payable to employee - Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 (WA), s 7 - Trial judge found client not entitled to contribution - Trial judge erred in finding that labour hire firm not culpable for failing to require client to conduct safety inspection - Contribution of 20% ordered
Legislation:
Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 (WA), s 7
Result:
Appeal allowed
Respondent ordered to make contribution of 20% to damages payable by appellant
Category: B
Representation:
Counsel:
Appellant: Mr G R Hancy
Respondent: Mr M P Bruce
Solicitors:
Appellant: Jarman McKenna
Respondent: Bennett & Co
Case(s) referred to in judgment(s):
Andar Transport Pty Ltd v Brambles Ltd [2004] HCA 28; (2004) 217 CLR 424
Barns v Parlin Pty Ltd [2010] WADC 92
Bourke v Hassett [1998] VSCA 24; [1999] 1 VR 189
Czatyrko v Edith Cowan University [2005] HCA 14; (2005) 79 ALJR 839
Dib Group Pty Ltd t/as Hill & Co v Cole [2009] NSWCA 210
Esso Australia Pty Ltd v Victorian WorkCover Authority [2000] VSCA 74; (2000) 1 VR 246
Fennell v Supervision & Engineering Services Holdings Pty Ltd (1988) 47 SASR 6
Fugro Spatial Solutions Pty Ltd v Cifuentes [2011] WASCA 102
Hodge v CSR Ltd [2010] NSWSC 27
House v The King [1936] HCA 40; (1936) 55 CLR 499
James Hardie & Coy Pty Ltd v Roberts [1999] NSWCA 314; (1999) 47 NSWLR 425
Kondis v State Transport Authority [1984] HCA 61; (1984) 154 CLR 672
Leighton Contractors Pty Ltd v Fox [2009] HCA 35; (2009) 240 CLR 1
Maricic v Dalma Formwork (Australia) Pty Ltd [2006] NSWCA 174
Norbis v Norbis [1986] HCA 17; (1986) 161 CLR 513
Northern Sandblasting Pty Ltd v Harris [1997] HCA 39; (1997) 188 CLR 313
Placer (Granny Smith) Pty Ltd v Specialised Reline Services Pty Ltd [2010] WASCA 148
Podrebersek v Australian Iron & Steel Pty Ltd [1985] HCA 34; (1985) 59 ALJR 492
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- Case
- [2012] WASCA 19
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court of Appeal was whether the trial judge correctly assessed the respondent's liability for contribution under the Act. Specifically, the Court needed to determine whether the respondent was negligent in not requiring the appellant to conduct a safety inspection of the drilling rig before the employee started work. Additionally, the court had to consider whether the respondent was entitled to a contribution from Parlin for the damages and costs paid to the injured employee. The Court of Appeal was also required to assess the appropriate proportion of the contribution and whether it should include the costs incurred by Parlin.
In resolving the appeal, the Court of Appeal found that the trial judge had erred in concluding that the respondent was not liable to contribute. The court held that the respondent was indeed negligent for not ensuring that a safety inspection was conducted on the drilling rig. Consequently, the Court of Appeal held that Parlin was entitled to a contribution from Choiceone, amounting to 20% of the damages paid to the injured employee, less the contribution already paid by the other party, Barrick. The Court determined that the contribution should be 20% of $1,013,498.50 less $190,000, resulting in a contribution of $164,699.70. The Court rejected Parlin's argument that the contribution should also include the costs of $30,000, as the statutory provisions did not support this interpretation.
The final orders of the Court of Appeal mandated that Choiceone Pty Ltd was to contribute 20% of the damages paid by Parlin Pty Ltd to the injured employee, amounting to $164,699.70. This decision clarified the extent of the respondent's liability for contribution and set the parameters for future claims under similar circumstances.
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