CITATION: Rockdale Beef Pty Limited v Carey [2003] NSWCA 132 HEARING DATE(S): 23/05/03 JUDGMENT DATE:
13 June 2003JUDGMENT 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 40PARTIES :
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 6/01Friday, 13 June 2003MASON P
IPP JA
McCOLL JA
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…
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- Case
- [2003] NSWCA 132
- Decision Date
CaseChat Overview and Summary
The Court of Appeal was required to determine whether Rockdale Beef owed a duty of care to Mr Carey as an independent contractor, whether that duty had been breached, and if so, whether the breach caused Mr Carey's injuries. The court also considered whether Mr Carey had been contributorily negligent.
The Court of Appeal, in dismissing Rockdale Beef's appeal, upheld Mr Carey's cross-appeal. The judges reasoned that Rockdale Beef, as the occupier of the premises and the principal engaging Mr Carey, owed a duty of care to ensure that the work being undertaken by Mr Carey was carried out in a safe manner. The court found that Rockdale Beef had breached this duty by failing to take reasonable steps to prevent the foreseeable risk of injury to Mr Carey. The court also found that Mr Carey was not contributorily negligent.
Consequently, the Court of Appeal set aside the District Court's judgment and entered a verdict and judgment for Mr Carey in the sum of $134,943.15, ordering Rockdale Beef to pay Mr Carey's costs of the cross-appeal.
Orders
Orders of the court
(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.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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