TRANSFIELD SERVICES (AUSTRALIA) PTY LTD -v- WIELAND [2014] WASCA 41
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2014] WASCA 41 | |
| THE COURT OF APPEAL (WA) | |||
| Case No: | CACV:138/2012 | 12 DECEMBER 2013 | |
| Coram: | MARTIN CJ PULLIN JA NEWNES JA | 21/02/14 | |
| 12 | Judgment Part: | 1 of 1 | |
| Result: | Appeal allowed | ||
| B | |||
| PDF Version |
| Parties: | TRANSFIELD SERVICES (AUSTRALIA) PTY LTD ANTON WIELAND |
Catchwords: | Appeal Negligence Workplace injury Duty of care Whether trial judge misdirected herself as to duty of an employer with respect to an employee Whether trial judge erred by failing to consider what reasonable response was required by the appellant in relation to a foreseeable risk Whether trial judge erred in finding that the employer was negligent in not regularly inspecting steps in the workplace physically as well as visually Cross-appeal Negligence Damages Quantum of damages Future economic loss Discount for contingencies Whether discount of 50% for vicissitudes of life manifestly excessive Whether trial judge erred in applying a discount for identifiable future services and future medical and other expenses |
Legislation: | Nil |
Case References: | Lawson v Flavel [2001] WASCA 272 MR & RC Smith Pty Ltd t/as Ultra Tune (Osborne Park) v Wyatt [No 2] [2012] WASCA 110 Roads and Traffic Authority of NSW v Dederer [2007] HCA 42; (2007) 234 CLR 330 Villasevil v Pickering [2001] WASCA 143; (2001) 24 WAR 167 Wieland v Commonwealth of Australia (Department of Defence) [2012] WADC 156 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : TRANSFIELD SERVICES (AUSTRALIA) PTY LTD -v- WIELAND [2014] WASCA 41 CORAM : MARTIN CJ
- PULLIN JA
NEWNES JA
- Appellant
AND
ANTON WIELAND
Respondent
ON APPEAL FROM:
Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA
Coram : BRADDOCK DCJ
Citation : WIELAND -v- COMMONWEALTH OF AUSTRALIA (DEPARTMENT OF DEFENCE) [2012] WADC 156
File No : CIV 3506 of 2010
Catchwords:
Appeal - Negligence - Workplace injury - Duty of care - Whether trial judge misdirected herself as to duty of an employer with respect to an employee - Whether trial judge erred by failing to consider what reasonable response was required by the appellant in relation to a foreseeable risk - Whether trial judge erred in finding that the employer was negligent in not regularly inspecting steps in the workplace physically as well as visually
Cross-appeal - Negligence - Damages - Quantum of damages - Future economic loss - Discount for contingencies - Whether discount of 50% for vicissitudes of life manifestly excessive - Whether trial judge erred in applying a discount for identifiable future services and future medical and other expenses
Legislation:
Nil
Result:
Appeal allowed
Category: B
Representation:
Counsel:
Appellant : Mr D R Clyne
Respondent : Mr T Lampropoulos SC
Solicitors:
Appellant : WHL Legal Pty Ltd
Respondent : Vertannes Georgiou
Case(s) referred to…
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- Case
- [2014] WASCA 41
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the trial judge correctly identified the appellant's duty of care towards the respondent and whether she erred in considering the reasonable response required by the appellant regarding a foreseeable risk. Additionally, the court examined whether the trial judge was correct in finding that the appellant was negligent in not inspecting the workplace steps regularly and in what capacity. On the cross-appeal, the court considered whether the trial judge erred in applying a discount for future economic loss and whether a 50% discount for the vicissitudes of life was manifestly excessive.
The High Court held that the trial judge misdirected herself in relation to the appellant's duty of care and the reasonable response required in addressing a foreseeable risk. The court found that the trial judge did not consider the appellant's actions in light of what was reasonably required. Furthermore, the trial judge erred in concluding that the appellant was negligent in not inspecting the steps regularly and in finding that the discount applied to the future economic loss was manifestly excessive. As a result, the appeal was allowed, and the orders made by the trial judge were set aside.
Orders
Orders of the court
Appeal allowed
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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