Stewart v Continental Ace Services Pty Limited

In the case of Stewart v Continental Ace Services Pty Limited, the plaintiff, Stewart, brought a claim against the defendant, Continental Ace Services, for personal injuries sustained during his employment under a contract with the defendant. The dispute arose from an incident where Stewart injured his back while attempting to lift fallen steel plates from an Eimco machine. Stewart alleged that the defendant failed to provide a proper system of work and adequate instructions, leading to his injury. The matter was heard in the Supreme Court of New South Wales.

The primary legal issues the court needed to determine were whether Continental Ace Services breached their duty of care under common law by failing to provide a safe system of work and whether this breach led to Stewart's injury. The court had to consider the specific obligations owed by the defendant under the contract and the common law, and whether these obligations were met.

The court found that Continental Ace Services did indeed breach their duty of care. They failed to provide Stewart with a proper system of work and adequate instructions regarding the handling of the steel plates. The court held that this breach directly contributed to Stewart's injury. The judgment emphasised the importance of providing clear, safe working instructions and systems to prevent such injuries in the future.

The court ordered that judgment be entered in favour of the plaintiff, Stewart, against the defendant, Continental Ace Services, in the sum of $356,623.31. The defendant was also ordered to pay costs to be assessed on an indemnity basis.