JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL
LOCATION: PERTH
CITATION: SANDERS -v- MULTIPLEX ENGINEERING & INFRASTRUCTURE PTY LTD [2022] WADC 31
CORAM: SWEENEY DCJ
HEARD: 12-15 OCTOBER 2020
DELIVERED : 7 APRIL 2022
FILE NO/S: CIV 963 of 2019
BETWEEN: STEVEN KARL SANDERS
Plaintiff
AND
MULTIPLEX ENGINEERING & INFRASTRUCTURE PTY LTD
First Defendant
MULTIPLEX AUSTRALASIA PTY LTD
Second Defendant
Catchwords:
Negligence - Occupiers' liability - Duty of care of principal contractor - Safe system of work
Legislation:
Civil Liability Act 2002 (WA)
Occupational Safety and Health Act 1984 (WA), s 19, s 21, s 21B, s 22, s 23D
Occupiers' Liability Act 1985 (WA), s 5
Result:
Plaintiff's case against both defendants dismissed
Representation:
Counsel:
| Plaintiff | : | Mr B G Bradley |
| First Defendant | : | Mr G P Bourhill SC |
| Second Defendant | : | Mr G P Bourhill SC |
Solicitors:
| Plaintiff | : | Bradley Bayly Legal (Perth) |
| First Defendant | : | Clyde & Co (Perth Office) |
| Second Defendant | : | Clyde & Co (Perth Office) |
Case(s) referred to in decision(s):
Bennett v Minister of Community Welfare [1992] HCA 27; (1992) 176 CLR 408
CGU Insurance Ltd v Coote (by his Next Friend Stephen Desmond Coote) [2018] WASCA 117
Hamersley Iron Pty Ltd v Robertson (Unreported, WASC, Library No 980573, 2 October 1998)
Husher v Husher [1999] HCA 47; (1999) 197 CLR 138
J-Corp Pty Ltd v Thompson [2019] WASCA 173
Jones v Dunkel (1959) 101 CLR 298
Jongen v CSR Ltd (1992) Aust Torts Rep 81-192
Laing O'Rourke (BMC) Pty Ltd v Kirwin [2011] WASCA 117
Leighton Contractors Pty Ltd v Fox [2009] HCA 35; (2009) 240 CLR 1
March v E & MH Stramare Pty Ltd [1991] HCA 12; (1991) 171 CLR 506
Medlin v State Government Insurance Commission [1995] HCA 5; (1995) 182 CLR 1
Multiplex Constructions (NSW) Pty Ltd v Lopez [2004] NSWCA 319
Nikolich v Webb [2020] WASCA 169
Stevens v Brodribb Sawmilling Co Pty Ltd [1986] HCA 1; (1986) 160 CLR 16
Voli v Inglewood Shire Council [1963] HCA 15; (1963) 110 CLR 74
Wyong Shire Council v Shirt [1980] HCA 12; (1980) 146 CLR 40
Table of Contents
Introduction
The accident
Evidence of Matthew Ryan, steel rigger, formerly of OSE
The key issue: was the plaintiff instructed to remove the purlins?
Evidence of the plaintiff about the content of the conversation
Evidence of Mr Stanbrook and Mr Bracewell denying the conversation
Evidence about other potential witnesses to the alleged conversation
The plaintiff's evidence about what time the conversation occurred
Evidence of Michael Stanbrook, senior site supervisor of the second defendant about the events of that morning
Evidence of John Bracewell, formerly of NeoWest, about the events of that morning
The Incident Notification Form
Other documentary evidence bearing on the alleged conversation
Findings about the alleged instruction to remove the purlins
Second key issue: safe system of work - pleadings and legal principles
Identification of the 'risk of harm'
Foreseeability
The contractual documents
The safe system of work said to…
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- AGLC
- Sanders v Multiplex Engineering and Infrastructure Pty Ltd [2022] WADC 31
- Case
- [2022] WADC 31
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
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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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