District Court
New South Wales
Medium Neutral Citation: Williams v Metcash Trading Limited [2017] NSWDC 154 Hearing dates: 7 to 11 November 2016; 30 November 2016; 1 December 2016; 1 to 2 March 2017; 26 May 2017 Date of orders: 23 June 2017 Decision date: 23 June 2017 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) Judgment for the defendant.
(2) The plaintiff is to pay the defendant’s costs of the proceedings as agreed or assessed.
(3) The parties have leave to apply on two business days’ notice to vary the costs order in (2) above.
(4) Exhibits are to be returned after 28 days.Catchwords: Torts – negligence – workplace injury - whether defendant provided a safe system of work – whether shelf height posed an unreasonable risk - causation - nature and extent of plaintiff’s injuries Legislation Cited: Civil Liability Act 2002 (NSW)
Evidence Act 1995 (NSW)
Workers Compensation Act 1987 (NSW)Cases Cited: Adeels Palace Pty Ltd v Moubarak (2009) 239 CLR 420
Atkinson v Gameco (NSW) Pty Ltd [2005] NSWCA 338
Ceva Logistics (Australia) Pty Ltd v Redbro Investments Pty Ltd [2013] NSWCA 46
Container Terminals Australia Ltd v Huseyin [2008] NSWCA 320
Curtis v Harden Shire Council [2014] NSWCA 314
Czatyrko v Edith Cowan University [2005] HCA 14
Graham Barclay Oysters Pty Ltd v Ryan (2002) 211 CLR 540
Harrington Estates (NSW) Pty Ltd v Turner [2016] NSWCA 369
Mason v Demasi [2009] NSWCA 227
Origin Energy LPG Pty Ltd v Bestcare Foods Ltd [2012] NSWCA 407
Patrick Stevedores Operations (No 2) Pty Ltd v Hennessy [2015] NSWCA 253
South Sydney Junior Rugby League Club Ltd v Gazis [2016] NSWCA 8
State of New South Wales v Wenham [2016] NSWCA 336
Strong v Woolworths Ltd (2012) 246 CLR 182
Takla v Nasr [2013] NSWCA 435
Transpacific Industrial Solutions Pty Ltd v Phelps [2013] NSWCA 31
Verryt v Schoupp [2015] NSWCA 128
Wallace v Kam (2013) 250 CLR 375Category: Principal judgment Parties: Matthew Williams (Plaintiff)
Metcash Trading Limited (Defendant)Representation: Counsel:
Solicitors:
B McManamey (Plaintiff)
R O’Keefe (Defendant)
Law Partners Compensation Lawyers (Plaintiff)
Vardanega Roberts (Defendant)
File Number(s): 2013/00331913
Judgment
Introduction
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These proceedings relate to a claim by the plaintiff in negligence concerning workplace injuries which allegedly occurred to him on 30 May 2012 and 1 June 2012. At the time, the plaintiff was employed by JW Workforce Solutions Pty Ltd trading as Tru Blue Recruitment Australia, a labour hire company, which provided the services of the plaintiff as a worker to the defendant to work as a casual picker/packer at the defendant’s product distribution centre at 71 Huntingwood Drive, Eastern Creek in Sydney in New South Wales. The plaintiff had commenced work at the defendant’s premises at Eastern Creek in late February 2012 and continued to work at those premises until 1 June 2012, returning to work for part of 13 June 2012.
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The premises at Eastern Creek consisted of an extremely large covered warehouse and distribution centre where goods were received from manufacturers…
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- Case
- [2017] NSWDC 154
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether Metcash Trading Limited had a duty to ensure that the shelves in the workplace were at a safe height and whether the failure to do so constituted a breach of that duty. A further issue was whether the injuries sustained by Williams were directly caused by the breach of the duty of care, and if so, the nature and extent of those injuries.
The court found that the defendant had taken reasonable steps to ensure the workplace was safe, including regular safety audits and adherence to relevant safety standards. The court determined that the height of the shelves did not pose an unreasonable risk of injury, and that Williams' injuries were not caused by the shelf height but rather by his own actions. The court held that Williams' claim was without merit and dismissed the action. Judgment was entered in favour of the defendant, with the plaintiff ordered to pay the defendant's costs as agreed or assessed. The parties were granted leave to apply to vary the costs order, and the exhibits were to be returned after 28 days.
Orders
Orders of the court
(1) Judgment for the defendant.
(2) The plaintiff is to pay the defendant’s costs of the proceedings as agreed or assessed.
(3) The parties have leave to apply on two business days’ notice to vary the costs order in (2) above.
(4) Exhibits are to be returned after 28 days.
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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