Fairway Engineering (ACT) Pty Ltd v Murphy, James Anthony & Anor [1984] FCA 34

Fairway Engineering (ACT) Pty Ltd v Murphy, James Anthony & Anor [1984] FCA 34

The appeal failed because there was ample evidence that Fairway's employee operated the crane negligently in windy conditions, that it was foreseeable Mr Murphy would intervene to assist in controlling the pipe, and that the negligence caused his injuries. The cross-appeal failed because Mr Murphy knew the conditions called for particular care, allowed the work to continue and placed himself in a confined space between the pipe and the prime mover, justifying the finding of 25 per cent contributory negligence. Fairway was not entitled to contribution or indemnity because Brambles had been sued and held not liable for Mr Murphy's damage. The damages, although high, were not shown to...

Jurisdiction
Australia
Judgment Date
02 March 1984
Procedural Posture
Personal Injury Negligence Action Arising From Workplace Pipe Loading Operations / Appeal and Cross Appeal From the Supreme Court of the Australian Capital Territory to the Federal Court of Australia
Outcome
The appeal and cross-appeal were dismissed.
Legal Topics
['negligence' 'contributory Negligence' 'vicarious Liability' 'contribution or Indemnity Between Tortfeasors' 'assessment of Damages' 'pre Existing Condition']
['torts' 'employment Law' 'personal Injury' 'civil Procedure'] ['negligence' 'contributory Negligence' 'vicarious Liability' 'contribution or Indemnity Between Tortfeasors' 'assessment of Damages' 'pre Existing Condition']

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Procedural Posture

Personal Injury Negligence Action Arising From Workplace Pipe Loading Operations / Appeal and Cross Appeal From the Supreme Court of the Australian Capital Territory to the Federal Court of Australia

Legal Issues

  1. 1 ["Whether Fairway's crane driver was negligent in operating the crane during the loading of pipes" "Whether Mr Murphy's intervention in attempting to steady the pipe defeated causation or liability" 'Whether Mr Murphy was guilty of contributory negligence and whether 25 per cent was an appropriate assessment' 'Whether Fairway was entitled to contribution or indemnity from Brambles' "Whether the damages assessed were excessive, including in light of Mr Murphy's pre-existing physical condition"]

Ratio Decidendi

The appeal failed because there was ample evidence that Fairway's employee operated the crane negligently in windy conditions, that it was foreseeable Mr Murphy would intervene to assist in controlling the pipe, and that the negligence caused his injuries. The cross-appeal failed because Mr Murphy knew the conditions called for particular care, allowed the work to continue and placed himself in a confined space between the pipe and the prime mover, justifying the finding of 25 per cent contributory negligence. Fairway was not entitled to contribution or indemnity because Brambles had been sued and held not liable for Mr Murphy's damage. The damages, although high, were not shown to...

Court Disposition

The appeal and cross-appeal were dismissed.

Orders

  • ['The appeal and cross-appeal be dismissed.' 'The costs of the appeal be paid by the appellant and the costs of the cross-appeal be paid by the firstnamed respondent.']