WOOLWORTHS (WA) PTY LTD -v- BERKELEY CHALLENGE PTY LTD [2004] WASCA 196
| (2004) 28 WAR 540 | |||
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2004] WASCA 196 | |
| THE FULL COURT (WA) | |||
| Case No: | FUL:68/2003 | 16 JUNE 2004 | |
| Coram: | MALCOLM CJ MURRAY J JENKINS J | 27/08/04 | |
| 21 | Judgment Part: | 1 of 1 | |
| Result: | Appeal allowed Order that respondent contribute 60 per cent of judgment in favour of plaintiff | ||
| A | |||
| PDF Version |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : WOOLWORTHS (WA) PTY LTD -v- BERKELEY CHALLENGE PTY LTD [2004] WASCA 196 CORAM : MALCOLM CJ
- MURRAY J
JENKINS J
- Appellant
AND
BERKELEY CHALLENGE PTY LTD
Respondent
ON APPEAL FROM:
Jurisdiction : THE DISTRICT COURT OF WESTERN AUSTRALIA
Coram : FRENCH DCJ
File Number : CIV 2305 of 2000
(Page 2)
Catchwords:
Negligence - Award of damages in favour of plaintiff against employer/occupier of premises by consent - Plaintiff slipped on wet floor - Contribution proceedings by employer against cleaner of premises - Claim unsuccessful - Whether cleaner negligent - Whether cleaner estopped from asserting that employer…
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- Case
- [2004] WASCA 196
- Decision Date
CaseChat Overview and Summary
The court considered the nature of the cleaning company's duties and whether they were breached, which would establish negligence on their part. It was determined that the cleaning company was not negligent as they had taken reasonable care in carrying out their cleaning duties. Additionally, the court found that the cleaning company was not estopped from asserting that the employer was negligent. The court also examined the issue of contributory negligence, holding that it was relevant in the contribution proceedings. The court concluded that since the plaintiff contributed to their own injury by not taking reasonable care, the cleaning company's liability for contribution was reduced accordingly.
As a result of the court's reasoning, the appeal was allowed, and the court ordered that the cleaning company contribute 60 per cent of the judgment in favour of the plaintiff. This decision demonstrates the importance of determining the extent of each party's liability in cases involving multiple defendants, as well as the impact of contributory negligence on contribution proceedings. The final orders reflect the court's assessment of the respective responsibilities of the parties involved in this case.
Orders
Orders of the court
Appeal allowed
Order that respondent contribute 60 per cent of judgment in favour of plaintiff
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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