Prichard v Honeywell Limited (No 2)

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Prichard v Honeywell Limited (No 2)  

Citation: 

[2025] ACTSC 467

Hearing Date: 

19 to 23 May 2025

Decision Date: 

16 October 2025

Before:

Ainslie-Wallace AJ

Decision: 

(1)    There will be a verdict for the First and Second Defendants against the Plaintiff.

(2)    The Plaintiff will be ordered to pay their costs of and incidental to the proceedings to be agreed or assessed.

Catchwords: 

CIVIL LAW – NEGLIGENCE – Personal injury – injury suffered during the course of employment as a truck driver – where Plaintiff not a reliable witness – whether the defendants are liable for the injury suffered by the plaintiff – consideration of plaintiff’s pre-existing injuries – consideration of plaintiff’s present medical conditions and physical restrictions – expert evidence 

Legislation Cited: 

Civil Law (Wrongs) Act 2002 (ACT), ss 42, 43, 45, 168

Cases Cited: 

Brozinic v ISS Facility Services Australia Ltd [2014] ACTSC 8

Chandler v Transport for New South Wales [2023] NSWCA 6

Goode v Angland [2017] NSWCA 311; 96 NSWLR 503

Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; 52 NSWLR 705

Neindorf v Junkovic [2005] HCA 75; 222 ALR 631

Société d'Avances Commerciales (Société Anonyme Egyptienne) v Merchants' Marine Insurance Co (The “Palitana”) (1924) 20 Ll L Rep 140; [1924] 11 WLUK 83

Vairy v Wyong Shire Council [2005] HCA 62; 223 CLR 422

Parties: 

Lee Davyd Prichard ( Plaintiff)

Honeywell Limited ( First Defendant)

Colliers International (ACT) Pty Ltd ( Second Defendant)

Representation: 

Counsel

D Steiner ( Plaintiff)

B Kelleher SC ( First Defendant)

R Perla ( Second Defendant)

Solicitors

Capital Lawyers ( Plaintiff)

Wotton Kearney ( First Defendant)

Moray & Agnew ( Second Defendant)

File Number:

SC 403 of 2021 

AINSLIE-WALLACE AJ:      

1․Lee Davyd Prichard (the Plaintiff) sues Honeywell Limited (the First Defendant) and Colliers International (ACT) Pty Ltd (the Second Defendant) in negligence for damages for injuries sustained when he tripped and fell over a manhole cover on the ground in a loading dock while delivering soft drinks to a property on 27 September 2018.  At the time, the Plaintiff was employed by Toll Holdings as a truck driver.

2․The property known as the Louisa Lawson Building was owned by Perpetual Corporate Trust Limited.  The First Defendant was engaged as the Facilities Manager of the property and the Second Defendant was engaged as the Property Manager of the premises.  In broad terms, the Plaintiff sues both defendants as occupiers of the premises on which he fell.  The exact nature of each Defendant’s occupation is defined by their contractual obligations however for present purposes, it is sufficient to describe them as joint occupiers for the purposes of the Civil (Wrongs) Act 2002 (ACT) (the Wrongs Act). 

3․The Plaintiff contends, and it was not disputed, that at the date of the accident, the First Defendant had an obligation to inspect, maintain and repair the premises including the loading dock and, the Plaintiff contends, and again it was not disputed,…