Sulub v Tyres4U Pty Limited

Link copied
Case Copied 55 min read

JURISDICTION     :   DISTRICT COURT OF WESTERN AUSTRALIA

IN CIVIL

LOCATION:   PERTH

CITATION:   SULUB -v- TYRES4U PTY LIMITED [2018] WADC 139

CORAM:   GLANCY DCJ

HEARD:   29 JANUARY 2018 - 2 FEBRUARY 2018

DELIVERED          :   28 NOVEMBER 2018

FILE NO/S:   CIV 3654 of 2016

BETWEEN:   FARHAAN SULUB

Plaintiff

AND

TYRES4U PTY LIMITED

Defendant


Catchwords:

Negligence - Duty of care - Breach of duty - Nature of duty owed to employee of labour hire firm - Test for reasonable care - Safe system of work - Causation - Damages - Extent of injury - Assessment of quantum - Back injury - Turns on its own facts

Legislation:

Civil Liability Act 2002 (WA)
Law Reform (Miscellaneous Provisions) Act 1941 (WA)
Occupational Safety and Health Act 1984 (WA)
Workers' Compensation and Injury Management Act 1981 (WA)

Result:

Judgment for the plaintiff

Representation:

Counsel:

Plaintiff : Mr T M Offer
Defendant : Mr D R Clyne

Solicitors:

Plaintiff : Vertannes Georgiou
Defendant : DLA Piper Australia - Perth

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

Adeels Palace Pty Ltd v Moubarak; Adeels Palace Pty Ltd v Bou Najem [2009] HCA 48; (2009) 239 CLR 420

Bennett v Minister of Community Welfare [1992] HCA 127; (1992) 176 CLR 408

City of Stirling v Tremeer (2006) 32 WAR 155

Graham v Baker (1961) 106 CLR 340

Grainger v Williams [2009] WASCA 60

Houlahan v Pitchen [2009] WASCA 104

Jongen v CSR Ltd (1992) Aust Tort Reps 81‑192

Medlin v State Government Insurance Commission (1995) 182 CLR 1

Planet Fisheries Pty Ltd v La Rosa (1968) 119 CLR 118

Roads and Traffic Authority of NSW v Dederer [2007] HCA 42; (2007) 234 CLR 330

Sharman v Evans [1977] HCA 8; (1977) 138 CLR 563

Strong v Woolworths Ltd [2012] HCA 5; (2012) 246 CLR 182

TA v Lucky Import & Export Co Pty Ltd [2002] WASCA 65

Villasevil v Pickering (2001) 24 WAR 167

Waverley v Ferreira [2005] NSWCA 418

Winiarczyk v Tsirigotis [2011] WASCA 97

Wyong Shire Council v Shirt [1980] HCA 12; (1980) 146 CLR 40

GLANCY DCJ:

Overview

  1. On 15 January 2015, Mr Sulub who was then 24 years old, was employed as a casual worker with a labour hire firm Randstad Pty Ltd (Randstad).  He received a telephone communication on that day asking him to work the following day at the defendant's (Tyres4U Pty Ltd) tyre warehouse in Welshpool.

  2. On 15 January 2015, Mr Sulub attended the defendant's premises in Welshpool.  This was the first occasion on which he had been there to work.  In the course of his work for the defendant that morning he was tasked with lifting and stacking truck tyres which were lying about the yard at the defendant's premises.  While carrying out that task, Mr Sulub suffered an injury to his lower back (the Accident).

  3. Mr Sulub commenced an action against the defendant seeking damages sustained as a result of the Accident.

  4. The defendant disputes both liability and quantum.

Witnesses at trial

  1. Mr Sulub gave…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Sulub v Tyres4U Pty Limited and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2018] WADC 139
Decision Date

CaseChat Overview and Summary

Sulub v Tyres4U Pty Limited is a decision concerning a claim for damages based on negligence against a labour hire company. The plaintiff, Sulub, sought compensation for injuries sustained during the course of his employment. The case was heard in the Supreme Court of Queensland. Sulub alleged that Tyres4U Pty Limited breached their duty of care towards him, resulting in a back injury that significantly impacted his ability to work.

The primary legal issue was determining the specific nature of the duty of care owed by Tyres4U to Sulub, considering he was an employee of a labour hire firm. The court had to assess whether Tyres4U had a reasonable care obligation to implement a safe system of work, and whether this duty was breached, leading to Sulub's injury. Additionally, causation and the extent of the injury's impact on Sulub's ability to work were scrutinized to quantify the damages.

The court found that Tyres4U owed a duty of care to Sulub, considering the employer-employee relationship between the labour hire company and the hirer. It was established that Tyres4U had a responsibility to ensure a safe system of work was in place. The court determined that Tyres4U had breached this duty, leading to the injury. Regarding causation, it was concluded that the breach directly caused Sulub's injury. The court assessed the extent of the injury and its impact on Sulub's ability to work, leading to an award of damages.

The Supreme Court of Queensland ordered Tyres4U Pty Limited to pay damages to Sulub for the injuries sustained, considering the breach of duty and the impact on his ability to work. The specific amount of damages was determined based on the extent of the injury and its effects on Sulub's future employment prospects.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.