Slattery v Beare, Brambles Aust Ltd & Fletcher No. DCCIV-96-1607

In the case of Slattery v Beare, Brambles Aust Ltd & Fletcher, the plaintiffs, Lawrence and Bronwyn Slattery, sought damages from the defendants for personal injuries sustained by Lawrence while working at Castalloy Manufacturing Pty Ltd. The plaintiffs claimed damages from all three defendants, Beare, Brambles, and Fletchers, for common law negligence, breaches of the Trade Practices Act, and breaches of the Fair Trading Act. The defendants argued that the claim against Fletchers was statute barred and that the plaintiffs had failed to prove causation. The court found that the defendants, Beare and Brambles, were liable for the plaintiffs' losses. Beare, an employee of Brambles, provided advice and equipment to the plaintiffs for lifting a furnace, which was inherently dangerous and resulted in Lawrence's injury. Brambles was vicariously liable for Beare's negligence and also directly negligent for failing to check its lifting equipment. The court awarded the plaintiffs damages for non-economic loss, economic loss, and other expenses, including interest. The claim against Fletchers was dismissed as the plaintiffs failed to prove causation. The court ordered the defendants, Beare and Brambles, to pay the plaintiffs the assessed losses plus interest, while the defendant Fletchers was dismissed from the case.