Strategic Formwork Pty Ltd v Hitchen [2018] NSWCA 54

Strategic Formwork Pty Ltd v Hitchen [2018] NSWCA 54

Strategic Formwork Pty Ltd owed Mr Hitchen a duty of care due to its control over RTS operations, including occupational health and safety; breach occurred by failure to implement and supervise safe stacking practices. Apportionment of liability at 60% to Strategic and 40% to RTS was within a reasonable range and should stand (majority). Damages for economic loss against Strategic should be reduced to reflect UK employment and superannuation rates. Costs ordered in accordance with partial success and distinct legal interests.

Jurisdiction
Australia
Judgment Date
23 March 2018
Procedural Posture
Appeal / Post Trial Appeal and Cross Appeal From NSW Supreme Court Common Law Division
Outcome
Appeal allowed in part; cross-appeal dismissed; orders as specified.
Legal Topics
['negligence' 'duty of Care' 'apportionment of Responsibility' 'damages' 'economic and Non Economic Loss' 'costs' 'workplace Injury']
['tort Law' 'personal Injury' 'employment Law' 'procedural Law'] ['negligence' 'duty of Care' 'apportionment of Responsibility' 'damages' 'economic and Non Economic Loss' 'costs' 'workplace Injury']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Post Trial Appeal and Cross Appeal From NSW Supreme Court Common Law Division

Legal Issues

  1. 1 ['Whether Strategic Formwork Pty Ltd owed Mr Hitchen a duty of care' 'If Strategic owed a duty, whether it breached that duty' 'Whether apportionment of responsibility between Strategic and RTS should be modified' 'Whether damages awarded for non-economic and economic loss should be modified']

Ratio Decidendi

Strategic Formwork Pty Ltd owed Mr Hitchen a duty of care due to its control over RTS operations, including occupational health and safety; breach occurred by failure to implement and supervise safe stacking practices. Apportionment of liability at 60% to Strategic and 40% to RTS was within a reasonable range and should stand (majority). Damages for economic loss against Strategic should be reduced to reflect UK employment and superannuation rates. Costs ordered in accordance with partial success and distinct legal interests.

Court Disposition

Appeal allowed in part; cross-appeal dismissed; orders as specified.

Orders

  • ['Set aside order 1 made in the Common Law Division on 30 May 2017 giving judgment for the plaintiff against Strategic Formwork Pty Ltd in the sum of $1,299,773 and in its place give judgment for the plaintiff against Strategic Formwork Pty Ltd in the sum of $1,173,275.' 'Otherwise dismiss the appeal by Strategic...