CSR LTD v ELLIOTT and ANOR; GEORGE WARD PTY LTD v UBERO PTY LTD [1994] NSWCA 74

CSR LTD v ELLIOTT and ANOR; GEORGE WARD PTY LTD v UBERO PTY LTD [1994] NSWCA 74

CSR was liable to Mrs Elliott as employer for breach of duty of care; Ubero liable as occupier; Ward required to indemnify Ubero under contract and common law; Workers' Compensation payment deducted from employer's liability; apportionment of damages and costs between CSR and Ubero upheld.

Parties
Defendant/appellant: CSR Ltd; Third Party/appellant: George Ward Pty Ltd; Plaintiff/respondent: Mrs R E Elliott; Defendant/respondent: Ubero Pty Ltd
Jurisdiction
Australia
Judgment Date
23 June 1994
Procedural Posture
Appeal / Court of Appeal Decision
Outcome
CSR's appeal allowed in form only (for variation of judgment), substantive appeal dismissed; Ubero's cross-appeal dismissed with costs; Ward's appeal dismissed with costs.
Legal Topics
Employer's Liability, Duty of Care, Contribution and Indemnity, Workers' Compensation Statutory Defence, Building Contract Indemnity, Apportionment of Liability
Tort Contract Practice & Procedure Workers' Compensation Employer's Liability Duty of Care Contribution and Indemnity Workers' Compensation Statutory Defence +2 more

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Parties

CSR Ltd

Defendant/appellant

George Ward Pty Ltd

Third Party/appellant

Mrs R E Elliott

Plaintiff/respondent

Ubero Pty Ltd

Defendant/respondent

Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether CSR owed a duty of care to Mrs Elliott as employer and occupant
  2. 2 Liability of Ubero as occupier
  3. 3 Entitlement to contribution/indemnity between Ubero and Ward

Ratio Decidendi

CSR was liable to Mrs Elliott as employer for breach of duty of care; Ubero liable as occupier; Ward required to indemnify Ubero under contract and common law; Workers' Compensation payment deducted from employer's liability; apportionment of damages and costs between CSR and Ubero upheld.

Court Disposition

CSR's appeal allowed in form only (for variation of judgment), substantive appeal dismissed; Ubero's cross-appeal dismissed with costs; Ward's appeal dismissed with costs.

Orders

  • Judgment for plaintiff against defendants for $85,848.
  • Defendants to pay plaintiff's costs.