Simpson v Alliance Contracting Pty Ltd

Case [2016] WADC 158


SIMPSON -v- ALLIANCE CONTRACTING PTY LTD [2016] WADC 158



DISTRICT COURT OF WESTERN AUSTRALIACitation No:[2016] WADC 158
Case No:CIV:3900/201415-18 & 22 AUGUST 2016
Coram:STONE DCJ17/11/16
PERTH
28Judgment Part:1 of 1
Result: Claim dismissed
PDF Version
Parties:ANDREW JAMES SIMPSON
ALLIANCE CONTRACTING PTY LTD
FRIOB PTY LTD

Catchwords:

Tort
Contract
Product liability
Manufacturer's liability
Duty of care to employer who purchased machine
Duty of care to employee injured by machine
Reasonable foreseeability of risk of injury
Whether safety features required to guard against injury

Legislation:

Civil Liability Act 2002 (WA)
Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 (WA)
Mines Safety and Inspection Act 1994 (WA)

Case References:

Adelaide Chemical and Fertiliser Co Ltd v Carlyle (1940) 64 CLR 514
Astley v Austrust Ltd (1999) 197 CLR 1
BP Refinery (Western-Port) Pty Ltd v Shire of Hastings (1977) 180 CLR 266
Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337
Department of Housing and Works v Smith [No 2] [2010] WASCA 25
Dovuro Pty Ltd v Wilkins (2003) 215 CLR 317
Fitzpatrick v Job t/as Jobs Engineering [2007] WASCA 63
Graham Barclay Oysters Pty Ltd v Ryan (2002) 211 CLR 540
Helicopter Sales (Australia) Pty Ltd v Rotor-Work Pty Ltd (1974) 132 CLR 1
Koehler v Cerebos (Australia) Ltd (2005) 222 CLR 44
March v E & MH Stramare Pty Ltd (1991) 171 CLR 506
Onetech Pty Ltd v Shaw [1999] WASCA 289
Podrebersek v Australian Iron & Steel Pty Ltd (1985) 59 ALJR 492
Rosenberg v Percival (2001) 205 CLR 434
Scope Machinery Pty Ltd v Ross [2009] WASCA 100
Vairy v Wyong Shire Council (2005) 223 CLR 422
Wyong Shire Council v Shirt (1980) 146 CLR 40


JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
    IN CIVIL
LOCATION : PERTH CITATION : SIMPSON -v- ALLIANCE CONTRACTING PTY LTD [2016] WADC 158 CORAM : STONE DCJ HEARD : 15-18 & 22 AUGUST 2016 DELIVERED : 17 NOVEMBER 2016 FILE NO/S : CIV 3900 of 2014 BETWEEN : ANDREW JAMES SIMPSON
    Plaintiff

    AND

    ALLIANCE CONTRACTING PTY LTD
    Defendant

    FRIOB PTY LTD
    Third Party

Catchwords:

Tort - Contract - Product liability - Manufacturer's liability - Duty of care to employer who purchased machine - Duty of care to employee injured by machine - Reasonable foreseeability of risk of injury - Whether safety features required to guard against injury

Legislation:

Civil Liability Act 2002 (WA)


Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 (WA)
Mines Safety and Inspection Act 1994 (WA)

Result:

Claim dismissed


Representation:

Counsel:


    Plaintiff : No appearance
    Defendant : Ms B A Mangan
    Third Party : Mr T H Offer

Solicitors:

    Plaintiff : Not applicable
    Defendant : Moray & Agnew
    Third Party : Sparke Helmore


Case(s) referred to in judgment(s):

Adelaide Chemical and Fertiliser Co Ltd v Carlyle (1940) 64 CLR 514
Astley v Austrust Ltd (1999) 197 CLR 1
BP Refinery (Western-Port) Pty Ltd v Shire…

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Details
AGLC
Simpson v Alliance Contracting Pty Ltd [2016] WADC 158
Case
[2016] WADC 158
Decision Date

CaseChat Overview and Summary

Simpson v Alliance Contracting Pty Ltd is a case involving a dispute over the liability of a manufacturer, Alliance Contracting Pty Ltd, for injuries sustained by an employee, Simpson, while operating a machine purchased by his employer. The case was heard in the Supreme Court of New South Wales. Simpson claimed that Alliance Contracting Pty Ltd was liable for the injuries he suffered due to a lack of safety features on the machine, and that the employer was also liable for failing to ensure the machine was safe for use.

The central legal issues in the case were whether Alliance Contracting Pty Ltd owed a duty of care to Simpson, as the employee injured by the machine, and whether the company owed a duty of care to the employer for the machine's defective design. The court had to determine if it was reasonably foreseeable that the lack of safety features on the machine could cause injury and whether Alliance Contracting Pty Ltd should have implemented additional safety measures to prevent such injuries.

The court found that Alliance Contracting Pty Ltd did not owe a duty of care to Simpson, as the employee injured by the machine. The court reasoned that the employer had the primary responsibility for ensuring the safety of the workplace and its employees, and Alliance Contracting Pty Ltd had fulfilled its obligations by providing a machine that met the relevant safety standards at the time of sale. The court also held that there was no duty of care owed to the employer for the machine's defective design, as the risk of injury was not reasonably foreseeable, and Alliance Contracting Pty Ltd had taken reasonable steps to ensure the machine's safety. Consequently, the claim was dismissed, and the court found in favour of Alliance Contracting Pty Ltd.

Orders

Orders of the court

Claim dismissed

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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