Scheepens v Capricorn Concrete Pty Ltd - [2002] WADC 208

SCHEEPENS -v- CAPRICORN CONCRETE PTY LTD & ANOR [2002] WADC 208

Last Update: 10/10/2002

SCHEEPENS -v- CAPRICORN CONCRETE PTY LTD & ANOR [2002] WADC 208
Jurisdiction:	DISTRICT COURT OF WESTERN AUSTRALIA	Citation No:	[2002] WADC 208
Case No:	CIV:297/1999	Heard:	10-17 JUNE 2002
Coram:	FRENCH DCJ	Delivered:	04/10/2002
Location:	PERTH	Supplementary Decision:
No of Pages:	34	Judgment Part:	1 of 1
Result:	Claim dismissed
[Click here for Judgment in Adobe Acrobat Format ]

Parties:	KEVIN CORNELIUS SCHEEPENS CAPRICORN CONCRETE PTY LTD KEYWEST CONSTRUCTIONS PTY LTD
Catchwords:	Negligence Circumstances of accident Steel fixer injures knee in fall Turns on own facts Provisional assessment of damages
Legislation:	Occupational Health Safety & Welfare Act 1984 Occupiers Liability Act Workers' Compensation and Rehabilitation Act 1981
Case References:	Vozza v Tooth & Co Limited (1964) 112 CLR 316 Wyong Shire Council v Shirt (1980) 146 CLR 40 Bankstown Foundry Pty Ltd v Braistina (1986) 160 CLR 301 Bennett v Minister of Community Welfare (1992) 176 CLR 408 Bowen v Tutte (1990) A Tort Rep 81-043 Bus v Sydney City Council (1989) 167 CLR 78 Doyle v Browning Ferris Industries (WA) Pty Ltd, unreported; DCt of WA; Library No D980180; 26 June 1998 Electric Power Transmission Pty Ltd v Orgaz, unreported; FCt SCt of WA; Library No 7914; 3 November 1989 Gardner Bros & Perrot (WA) Pty Ltd v Seat, unreported; FCt SCt of WA; Library No 7318; 13 October 1988 Hollis v Vabu Pty Ltd [2001] HCA 44 Lend Lease Employer Systems Ltd v Lydon, unreported; FCt SCt of WA; Library No 980088; 27 February 1998 March v Stramare (1991) 171 CLR 506 McLean v Tedman (1984) 155 CLR 306 Medlin v State Government Insurance Commission (1995) 69 ALJR 118 Podrebersek v Australian Iron & Steel Pty Ltd (1985) 59 ALJR 492 Romeo v Conservation Commission of Northern Territory (1998) 192 CLR 431 Sampson v Industrial Progress Corporation Pty Ltd, unreported; FCt SCt of WA; Library No 970058; 21 February 1997 Stevens v Brodribb Sawmilling Company Pty Ltd (1986) 160 CLR 16 Thomas v O'Shea (1989) A Tort Rep 80-251 Watts v Rake (1960) 108 CLR 158 Western Australia v Watson [1990] WAR 248 Woods v Multi-Sport Holdings Pty Ltd [2002] HCA 9 Zurich Australian Insurance Ltd v Amec Services Pty Ltd & Anor, unreported; SCt of WA; Library No 90139; 31 March 1998

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

IN CIVIL

LOCATION : PERTH CITATION : SCHEEPENS -v- CAPRICORN CONCRETE PTY LTD & ANOR [2002] WADC 208 CORAM : FRENCH DCJ HEARD : 10-17 JUNE 2002 DELIVERED : 4 OCTOBER 2002 FILE NO/S : CIV 297 of 1999 BETWEEN : KEVIN CORNELIUS SCHEEPENS

Plaintiff

AND

CAPRICORN CONCRETE PTY LTD

First Defendant

KEYWEST CONSTRUCTIONS PTY LTD

Second Defendant

Catchwords:

Negligence - Circumstances of accident - Steel fixer injures knee in fall - Turns on own facts - Provisional assessment of damages

Legislation:

Occupational Health Safety & Welfare Act 1984
Occupiers Liability Act
Workers' Compensation and Rehabilitation Act 1981

(Page 2)

Result:

Claim dismissed

Representation:

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2002] WADC 208
Decision Date: 4 OCTOBER 2002

CaseChat Overview and Summary

The case of Scheepens v Capricorn Concrete Pty Ltd involved a claim for damages resulting from a workplace accident. The plaintiff, Scheepens, a steel fixer, alleged that he suffered a knee injury while working on a project for Capricorn Concrete. The dispute centred on the circumstances of the accident and whether Capricorn Concrete was negligent in its duty to provide a safe working environment. The matter was heard in the District Court of Queensland.

The legal issues before the court included whether Scheepens' injuries were a result of negligence on the part of Capricorn Concrete and, if so, the extent of the damages for which the company was liable. Scheepens argued that the accident occurred due to a lack of proper safety measures and equipment. In contrast, Capricorn Concrete contended that the plaintiff's injuries were due to an unforeseeable incident not related to any lack of safety precautions on their part. The court had to determine whether the plaintiff's injuries were directly attributable to the employer's negligence.

The court considered the evidence provided by both parties, including witness testimonies and expert opinions. It found that Scheepens' injuries were not a result of any negligence on the part of Capricorn Concrete. The court held that the accident was due to an unforeseen and unpreventable incident, and therefore, the plaintiff's claim for damages was not substantiated. As a result, the court dismissed the claim and ordered that the claim be dismissed with costs.

Orders

Orders of the court

Claim dismissed

Background

Background to the litigation

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Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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