Williams v Metcash Trading Limited - [2017] NSWDC 154

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 375
Category: Principal judgment
Parties: Matthew Williams (Plaintiff)
Metcash Trading Limited (Defendant)
Representation:
Counsel:
B McManamey (Plaintiff)
R O’Keefe (Defendant)
Solicitors:
Law Partners Compensation Lawyers (Plaintiff)
Vardanega Roberts (Defendant)

File Number(s): 2013/00331913

Judgment

Introduction

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.
The premises at Eastern Creek consisted of an extremely large covered warehouse and distribution centre where goods were received from manufacturers…

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: [2017] NSWDC 154
Decision Date: 23 June 2017

CaseChat Overview and Summary

Williams brought an action against Metcash Trading Limited in the Federal Circuit Court, seeking damages for injuries sustained in a workplace accident. The plaintiff alleged that the defendant was negligent in failing to provide a safe system of work, specifically by not ensuring that shelves in the workplace were at an appropriate height. Williams claimed that the height of the shelves posed an unreasonable risk of injury and that the injuries he sustained were a direct result of this failure.

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

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.

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 375
Category:	Principal judgment
Parties:	Matthew Williams (Plaintiff) Metcash Trading Limited (Defendant)
Representation:	Counsel: B McManamey (Plaintiff) R O’Keefe (Defendant) Solicitors: Law Partners Compensation Lawyers (Plaintiff) Vardanega Roberts (Defendant)
File Number(s):	2013/00331913