Rockdale Beef Pty Ltd v Carey

CITATION:	Rockdale Beef Pty Limited v Carey [2003] NSWCA 132
HEARING DATE(S):	23/05/03
JUDGMENT DATE:	13 June 2003
JUDGMENT OF:	Mason P at 1; Ipp JA at 2; McColl JA at 128
DECISION:	(1) Application for leave to appeal granted (2) Appeal dismissed with costs (3) Application for leave to cross-appeal granted (4) Cross-appeal upheld (5) The judgment of Sorby DCJ be set aside and in lieu thereof there be a verdict and judgment for Mr Carey in the sum of $134,943.15 (6) Rockdale pay Mr Carey's costs of the cross-appeal.
CATCHWORDS:	NEGLIGENCE - Duty of care owed by entrepreneur to independent contractor - Whether duty of care was breached by entrepreneur - Whether causation was established - Whether independent contractor was contributory negligent. D
CASES CITED:	Bankstown Foundry Pty Ltd v Braistina (1986) 160 CLR 301 Burnie Port Authority v General Jones Pty Limited (1994) 179 CLR 520 Climaze Holding Pty Ltd v Dyson (1995) WAR 487 Council of the Municipality of Waverley v Loge [2001] 1 NSWCA 439 Graham Barclay Oysters Pty Ltd v Ryan [2002] 194 ALR 337 Hamilton v Nuroof (WA) Pty Ltd (1956) 96 CLR 18 Kolodziejczyk v Grandview Pty Limited [2002] NSWCA 267 Mount Isa Mines Limited v Pusey (1970) 125 CLR 383 Papatonakis v Australian Telecommunications Commission (1985) 156 CLR 7 Perre v Apand Pty Limited (1999) 198 CLR 180 Rauk v Transtate Pty Limited (2001) Aust Torts Reports 81-592 Rylands v Fletcher (1986) LR 3 High Court 330 State Rail Authority of New South Wales v Watkins [2001] NSWCA 405 Stevens v Brodribb Saw Milling Company Limited (1980) 160 CLR 16 Van der Sluice v Display Craft Pty Ltd [2002] NSWCA 204 Wyong Shire Council v Shirt (1980) 146 CLR 40
PARTIES :	Rockdale Beef Pty Limited (Claimant) Ross David Carey (Opponent)
FILE NUMBER(S):	CA 40974/02
COUNSEL:	A Hewitt SC/E Cox (Claimant) E Romaniuk (Opponent)
SOLICITORS:	Curwood & Partners (Claimant) Farrell Lusher (Opponent)

LOWER COURTJURISDICTION:	District Court
LOWER COURT FILE NUMBER(S):	DC 6/01
LOWER COURT JUDICIAL OFFICER :	Sorby DCJ

CA 40974/02
DC 6/01

MASON P
IPP JA
McCOLL JA

Friday, 13 June 2003

ROCKDALE BEEF PTY LIMITED v ROSS DAVID CAREY

FACTS

The opponent was injured when he was working as an independent contractor at the claimant’s feedlot. The injury was sustained when the opponent attempted to herd a steer (which had escaped into a laneway or race) back to its pen. In the process of moving past the steer in order to herd it back to its pen, the steer swung in front of the opponent’s horse causing him and the horse to fall.

Sorby DCJ found that the claimant owed the opponent a duty of care that it had breached by failing to provide a safe system of work within which the opponent could carry out his duties as a stockman. His Honour found the opponent guilty of contributory negligence, assessing the opponent’s negligence at 40%.

The claimant applied for leave to appeal contending that his Honour wrongly held…