Leask Timber & Hardware Pty Ltd v Thorne [1961] HCA 73

Leask Timber & Hardware Pty Ltd v Thorne [1961] HCA 73

By majority, s. 17 of the Scaffolding and Lifts Act, 1912-1948 N.S.W. was construed as creating criminal offences to enforce a certification system for power crane drivers, not as impliedly conferring a civil right of action on persons injured by the operation of a crane driven by an uncertificated driver. The injury was caused by the driving of the crane, not by the mere absence of a certificate, and the statute did not intend or contemplate an absolute civil liability for that circumstance. The second count therefore disclosed no cause of action and the demurrer should have been allowed.

Jurisdiction
Australia
Procedural Posture
Action Under the Compensation to Relatives Act, 1897 1953 N.s.w. for Damages for Death Alleging Breach of Statutory Duty / Appeal by Leave From the Full Court of the Supreme Court of New South Wales Overruling the Defendant's Demurrer to the Second Count of the Plaintiff's Declaration
Outcome
Appeal allowed with costs.
Legal Topics
['breach of Statutory Duty' 'implied Civil Remedy for Statutory Offence' 'power Crane Driver Certificate of Competency' 'demurrer' 'compensation to Relatives']
['tort Law' 'statutory Interpretation' 'workplace Safety'] ['breach of Statutory Duty' 'implied Civil Remedy for Statutory Offence' 'power Crane Driver Certificate of Competency' 'demurrer' 'compensation to Relatives']

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Procedural Posture

Action Under the Compensation to Relatives Act, 1897 1953 N.s.w. for Damages for Death Alleging Breach of Statutory Duty / Appeal by Leave From the Full Court of the Supreme Court of New South Wales Overruling the Defendant's Demurrer to the Second Count of the Plaintiff's Declaration

Legal Issues

  1. 1 ['Whether s. 17 of the Scaffolding and Lifts Act, 1912-1948 N.S.W. impliedly gives a civil remedy in damages to a person injured by the operation of a power crane driven by an uncertificated driver.' 'Whether breach of s. 17 (3) (a), which makes it an offence to employ, instruct or allow an uncertificated person to drive a power crane, disclosed a cause of action for breach of statutory duty.' "Whether an injury caused by the driving of a crane can be said to have been caused by the driver's lack of a certificate of competency."]

Ratio Decidendi

By majority, s. 17 of the Scaffolding and Lifts Act, 1912-1948 N.S.W. was construed as creating criminal offences to enforce a certification system for power crane drivers, not as impliedly conferring a civil right of action on persons injured by the operation of a crane driven by an uncertificated driver. The injury was caused by the driving of the crane, not by the mere absence of a certificate, and the statute did not intend or contemplate an absolute civil liability for that circumstance. The second count therefore disclosed no cause of action and the demurrer should have been allowed.

Court Disposition

Appeal allowed with costs.

Orders

  • ['Appeal allowed with costs.' 'Rule of the Supreme Court discharged.' "In lieu thereof order that the defendant's demurrer to the second count of the plaintiff's declaration be allowed." 'The plaintiff do pay the costs of such demurrer.']