SUPREME COURT OF QUEENSLAND
CITATION: Percy v Central Control Financial Service Pty Ltd & Ors [2000] QSC 129 PARTIES: CHRISTOPHER WILLIAM PERCY
(plaintiff)
v
CENTRAL CONTROL FINANCIAL SERVICES PTY LTD
(first defendant)
JOHN BARRY CLARK AND MERILYN MARGARET CLARK
(second defendant)
MERCIA THERESE DUNCAN
(third defendant)
NEIL LOUIS HARTLEY
(fourth defendant)
REGINALD JOHN SINNOT
(fifth defendant)FILE NO: SC No 46 of 2000 DIVISION: Supreme Court at Townsville PROCEEDING: Chamber application DELIVERED ON: DELIVERED AT: Townsville HEARING DATE: 10 February 2000 JUDGE: Atkinson J ORDER:
It is ordered:
(1) that the statement of claim delivered on 16 June 1997 be amended by:
(a)amending paragraph 1 by deleting the words “is a plumber by trade” and inserting in their place the words “was at all material times a plumber trading in a partnership known as CW and SJ Percy trading as Percy’s Plumbing Service;
(b)amending paragraph 2 by:-
(i)renumbering it (a) and (b) in accordance with paragraph 2 of the second amended statement of claim which is Exhibit DAB2 to the affidavit of David Anthony Bowen filed 9 February 2000; and
(ii)inserting the words “the Fourth Defendant”, after the words “their agent” and before the words “NEIL LOUIS HARTLEY”; and
(iii)inserting as paragraph 2(c):
“In the alternative to the facts set forth in paragraph 2(b) herein, the Plaintiff says the Fourth Defendant requested the Plaintiff to perform certain work in relation to the said block of flats, including the placement of the corrugated iron roof sheeting thereof, and agreed to pay the Plaintiff an hourly rate for his labour and also an hourly rate for the labour of his employee.”
(c)amending paragraph 3 by inserting the words “or in the alternative the Fourth Defendant” after the words “the First, Second and Third Defendants” wherever they appear.
(d)amending paragraph 5 by:
(i)renumbering it as paragraph 5(a); and
(ii)inserting the words “or in the alternative the Fourth Defendant” after the words “the First, Second and Third Defendants”; and
(iii)inserting as paragraph 5(b):
“(b)Furthermore, the First Defendant, the Second Defendant and the Third Defendant or in the alternative the Fourth Defendant, owed the Plaintiff a duty of care in the carrying out of the tasks for which they were paying him an hourly rate for his labour to ensure that he was not exposed to a risk of injury arising from the nature of the work he was engaged to perform.”
(e)amending paragraph 6 by:
(i) inserting the words “or in the alternative the Fourth Defendant and furthermore were caused by the breach of duty on the part of the First, Second and Third Defendants or in the alternative the Fourth Defendant” after the words “First, Second and Third Defendants”; and
(ii) inserting the words “BREACH OF STATUTORY DUTY” after the words “particulars whereof are as follows”; and
(iii) deleting the number (a) in paragraph 6(a); and
(iv) deleting paragraph 6(b); and
(v) inserting after the words “did not contravene the provisions of the said Act”, the words:
“PARTICULARS OF NEGLIGENCE
(i)failing to provide…
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- Case
- [2000] QSC 129
- Decision Date
CaseChat Overview and Summary
The court considered that the breach of statutory duty claim was based on the proposition that section 23 of the Workplace Health and Safety Act 1989 gives rise to a private cause of action. The court held that there is no private cause of action in negligence that arises from a breach of statutory duty under the Workplace Health and Safety Act 1989. The court further held that the proposed amendments arose out of substantially similar facts to those pleaded in the original statement of claim.
The court found that the employer was not liable for the plaintiff's injuries, and the employer's application for summary judgment was granted. The court also found that the plaintiff's application for leave to amend his statement of claim was dismissed as the amendments did not arise out of substantially similar facts to those pleaded in the original statement of claim.
The court dismissed the plaintiff's action and granted the employer's application for summary judgment. The court also dismissed the plaintiff's application for leave to amend his statement of claim.
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