Legal Research
Cases
Van der Sluice v Display Craft Pty ltd

Van der Sluice v Display Craft Pty ltd

Link copied

Case Copied 9 July 2002 83 min read

Contents

On this page

CITATION: Van Der Sluice v Display Craft Pty Ltd [2002] NSWCA 204

FILE NUMBER(S): CA 40594/01

HEARING DATE(S): 23 April 2002

JUDGMENT DATE:
9 July 2002

PARTIES :

Benjamin Van Der Sluice (Appellant)
Display Craft Pty Ltd (Respondent)

JUDGMENT OF: Meagher JA at 1; Heydon JA at 2; Foster AJA at 108

LOWER COURT JURISDICTION : Supreme Court

LOWER COURT
FILE NUMBER(S) : SC 20959/97

LOWER COURT
JUDICIAL OFFICER : Master Harrison

COUNSEL: Mr R J Burbidge QC/Mr H J Marshall (Appellant)
Mr J E Maconachie QC/Mr D Doak (Respondent)

SOLICITORS: Beilby Poulden Costello (Appellant)
P W Turk & Associates (Respondent)

CATCHWORDS: Tort - negligence - personal injury - employer's liability - independent contractor -fall from ladder in course of work - reasonable foreseeability - duty of care - breach - relevance of plaintiff's experience - Contract - implied term - contractual duty of care - Tort - breach of statutory duty - sufficiency of evidence to support claim of - D

CASES CITED:
Council of the Municipality of Waverley v Lodge [2001] NSWCA 439
Modbury Triangle Shopping Centre v Anzil (2000) 75 ALJR 164
Nagle v Rotnest Island Authority (1993) 177 CLR 423
O'Connor v Commissioner of Government Transport (1954) 100 CLR 225
Romeo v Conservation Commission of the Northern Territory (1998) 192 CLR 431
Shirt v Wyong Shire Council [1978] 1 NSWLR 631
Smith v The Broken Hill Proprietary Company Limited (1957) 97 CLR 337
Stevens v Brodribb Saw Milling Co Pty Ltd (1986) 160 CLR 16
Sullivan v Moody (2001) 183 ALR 404
Wilke v Astra Pharmaceuticals Pty Ltd [2001] NSWCA 135
Wyong Shire Council v Shirt (1980) 146 CLR 40

DECISION: Appeal dismissed; appellant to pay respondent's costs

IN THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF APPEAL

CA 40594/01
SC 20959/97

MEAGHER JA
HEYDON JA
FOSTER AJA

BENJAMIN VAN DER SLUICE v DISPLAY CRAFT PTY LTD

VAN DER SLUICE v DISPLAY CRAFT PTY LTD

Tort – negligence – personal injury – employer’s liability – independent contractor –fall from ladder in course of work – reasonable foreseeability – duty of care – breach – relevance of plaintiff’s experience
Contract – implied term – contractual duty of care
Tort – breach of statutory duty – sufficiency of evidence to support claim of

The plaintiff fell from a ladder upon which he was working installing Christmas decorations under contract for the defendant. He suffered head and other injuries and sued the defendant for damages in negligence for failing to ensure the plaintiff’s adequate safety and in contract for breach of a corresponding duty of care as an implied term of the contract. Master Harrison dismissed the claims.

The plaintiff appealed and sought leave to argue that the defendant was liable in damages for breach of statutory duty in tort under Construction Safety Regulations 1950 (NSW) Reg 73.

(Heydon JA, Meagher JA and Foster AJA agreeing), dismissing the appeal,

1. The defendant did not put the plaintiff in a position of working at such a height as to…

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.

Keep reading for free

Create a free CaseChat account to read Van der Sluice v Display Craft Pty ltd 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: [2002] NSWCA 204
Decision Date: 9 July 2002

CaseChat Overview and Summary

The appeal in *Van der Sluice v Display Craft Pty Ltd* concerned a claim for personal injury arising from a fall from a ladder sustained by the appellant while working for the respondent. The appellant alleged negligence on the part of the respondent, his employer, and also sought to rely on a breach of statutory duty.

The primary legal issues before the court were whether the respondent owed a duty of care to the appellant, whether that duty had been breached, and whether the appellant's own experience was relevant to the assessment of the respondent's liability. The court also considered the sufficiency of the evidence to support the claim of breach of statutory duty.

The court found that the respondent had a duty to take reasonable care to avoid exposing the appellant to a foreseeable risk of injury. It was held that the respondent had breached this duty by failing to ensure the ladder was safe for use, despite the appellant's experience not absolving the respondent of its obligation to provide a safe working environment. The court also determined that the evidence did not sufficiently establish a breach of statutory duty.

Consequently, the appeal was dismissed, and the appellant was ordered to pay the respondent's costs.

Orders

Orders of the court

Appeal dismissed; appellant to pay respondent's costs

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.

CITATION:	Van Der Sluice v Display Craft Pty Ltd [2002] NSWCA 204
FILE NUMBER(S):	CA 40594/01
HEARING DATE(S):	23 April 2002
JUDGMENT DATE:	9 July 2002
PARTIES :	Benjamin Van Der Sluice (Appellant) Display Craft Pty Ltd (Respondent)
JUDGMENT OF:	Meagher JA at 1; Heydon JA at 2; Foster AJA at 108

LOWER COURT JURISDICTION :	Supreme Court
LOWER COURT FILE NUMBER(S) :	SC 20959/97
LOWER COURT JUDICIAL OFFICER :	Master Harrison

COUNSEL:	Mr R J Burbidge QC/Mr H J Marshall (Appellant) Mr J E Maconachie QC/Mr D Doak (Respondent)
SOLICITORS:	Beilby Poulden Costello (Appellant) P W Turk & Associates (Respondent)
CATCHWORDS:	Tort - negligence - personal injury - employer's liability - independent contractor -fall from ladder in course of work - reasonable foreseeability - duty of care - breach - relevance of plaintiff's experience - Contract - implied term - contractual duty of care - Tort - breach of statutory duty - sufficiency of evidence to support claim of - D
CASES CITED:	Council of the Municipality of Waverley v Lodge [2001] NSWCA 439 Modbury Triangle Shopping Centre v Anzil (2000) 75 ALJR 164 Nagle v Rotnest Island Authority (1993) 177 CLR 423 O'Connor v Commissioner of Government Transport (1954) 100 CLR 225 Romeo v Conservation Commission of the Northern Territory (1998) 192 CLR 431 Shirt v Wyong Shire Council [1978] 1 NSWLR 631 Smith v The Broken Hill Proprietary Company Limited (1957) 97 CLR 337 Stevens v Brodribb Saw Milling Co Pty Ltd (1986) 160 CLR 16 Sullivan v Moody (2001) 183 ALR 404 Wilke v Astra Pharmaceuticals Pty Ltd [2001] NSWCA 135 Wyong Shire Council v Shirt (1980) 146 CLR 40
DECISION:	Appeal dismissed; appellant to pay respondent's costs