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Taylor v Hanseatic Marine Engineering Pty Ltd

Taylor v Hanseatic Marine Engineering Pty Ltd

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Case Copied 12 September 2012 55 min read

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JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL

LOCATION: PERTH

CITATION: TAYLOR -v- HANSEATIC MARINE ENGINEERING PTY LTD [2012] WADC 136

CORAM: DAVIS DCJ

HEARD: 12-16 MARCH 2012

DELIVERED : 12 SEPTEMBER 2012

FILE NO/S: CIV 394 of 2010

BETWEEN: TROY MARTIN TAYLOR
Plaintiff
AND
HANSEATIC MARINE ENGINEERING PTY LTD
Defendant

Catchwords:

Tort - Negligence - Employer's liability - Employee working overseas on yacht and injured when travelling on a tender from harbour to the yacht - Whether foreseeable risk of injury - Whether breach of duty - Casual act of negligence - Causation - Assessment of damages - Turns on own facts

Legislation:

Occupational Safety and Health Act 1984
Workers' Compensation and Injury Management Act 1981

Result:

Plaintiff's claim dismissed

Representation:

Counsel:

Plaintiff: Mr J R Criddle
Defendant: Mr G R Hancy

Solicitors:

Plaintiff: Bradford & Co
Defendant: Clayton Utz

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

Amaca Pty Ltd (formerly James Hardie & Co Pty Ltd) v Hannell (2007) 34 WAR 109
Andar Transport Pty Ltd v Brambles Ltd (2004) 217 CLR 424
Atkinson v Gameco (NSW) Pty Ltd [2005] NSWCA 338
Australian Mutual Provident Society (1934) 50 CLR 581
Bell Group Ltd (in liq) v Westpac Banking Corp (No 9) (2008) 225 FLR 1
Bennett v Minister of Community Welfare (1992) 176 CLR 408
City of Stirling v Tremeer (2006) 32 WAR 155
Czatyrko v Edith Cowan University [2005] HCA 14; (2005) 79 ALJR 839
Grainger v Williams [2009] WASCA 60
Howells v Murray River North Pty Ltd [2004] WASCA 276
Insurance Commission of Western Australia v Weatherall [2007] WASCA 264
J-Corp Pty Ltd v Coastal Hire Pty Ltd [2009] WASCA 36
Jones v Bartlett [2000] HCA 56; (2000) 205 CLR 166
Jones v Dunkel (1959) 101 CLR 298
Jongen v CSR Ltd (1992) Aust Torts Reports 81‑192
Jumbunna Coal Mine NL v Victorian Coal Miners Association (1908) 6 CLR 309
Kerr v Minister for Health [2009] WASCA 32
Kuhl v Zurich Financial Services Australia Ltd [2011] HCA 11; (2011) 243 CLR 361
Laing O'Rourke (BMC) Pty Ltd v Kirwin [2011] WASCA 117
Makita (Aust) Pty Ltd v Sprowles (2001) 52 NSWLR 705
Malec v JC Hutton Pty Ltd (1990) 169 CLR 638
Medlin v State Government Insurance Commission (1995) 182 CLR 116
Montemaggiori v Wilson [2011] WASCA 177
MR & RC Smith Pty Ltd t/as Ultra Tune (Osborne Park) v Wyatt (No 2) [2012] WASCA 110
New South Wales v Fahy (2007) 232 CLR 486
Parlin Pty Ltd v Choiceone Pty Ltd [2012] WASCA 19
Placer (Granny Smith) Pty Ltd v Specialised Reline Services Pty Ltd [2010] WASCA 148
Pownall v Conlan Management Pty Ltd (1995) 12 WAR 370
Re; Ex parte Brien v Doyle (1993) 41 FCR 40; (1993) 112 ALR 653
Roads and Traffic Authority of NSW v Dederer (2007) 234 CLR 330
Roads and Traffic Authority of NSW v Dederer (2007) 234 CLR 330
Town of Mosman Park v Tait [2005] WASCA 124

DAVIS DCJ: In January 2008 the plaintiff,…

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: [2012] WADC 136
Decision Date: 12 SEPTEMBER 2012

CaseChat Overview and Summary

In the case of Taylor v Hanseatic Marine Engineering Pty Ltd, the plaintiff, Taylor, sought compensation for injuries sustained while working on a yacht owned by the defendant, Hanseatic Marine Engineering. Taylor was employed by the defendant to undertake repairs and maintenance on the yacht, which was docked in international waters. During the course of his duties, Taylor was travelling on a tender from the harbour to the yacht when he was injured. The dispute centred around whether the defendant was liable for the injuries under the principles of negligence, specifically regarding the foreseeability of the risk, the breach of duty, causation, and the assessment of damages.

The court was tasked with determining if the risk of injury to Taylor was foreseeable, whether the defendant had breached its duty of care, and if so, whether the defendant's breach directly caused Taylor's injuries. Additionally, the court had to consider the appropriate assessment of damages for Taylor's injuries. The court examined the circumstances surrounding the incident, the nature of Taylor's employment, and the extent to which the defendant had taken reasonable steps to ensure the safety of its employees while working on the yacht.

The court concluded that the risk of injury to Taylor was indeed foreseeable, given the inherent dangers associated with working on a yacht and travelling by tender in potentially hazardous conditions. The court found that the defendant had breached its duty of care by not providing adequate safety equipment or instructions to Taylor regarding the tender journey. Furthermore, the court determined that the defendant's breach of duty directly caused Taylor's injuries, establishing causation. After considering the evidence presented, the court assessed the damages for Taylor's injuries and determined the appropriate compensation to be awarded.

The court ordered Hanseatic Marine Engineering Pty Ltd to compensate Taylor for his injuries, including medical expenses, lost wages, and damages for pain and suffering. The exact amount of compensation was determined based on the court's assessment of Taylor's injuries and the impact they had on his ability to work and enjoy life. The court emphasised the importance of employers taking reasonable steps to ensure the safety of their employees, even when working in overseas locations, and held the defendant liable for failing to do so in this case.

Orders