Gray v Coles Supermarkets Australia Pty Ltd; Coles Supermarkets Australia Pty Ltd v Chandler Macleod Group Ltd [2020] NSWCA 209

Gray v Coles Supermarkets Australia Pty Ltd; Coles Supermarkets Australia Pty Ltd v Chandler Macleod Group Ltd [2020] NSWCA 209

The appeals were dismissed because the trial judge correctly found that: (1) Coles was not liable to Mr Gray as the evidence did not establish that any additional precautions were reasonable or would have prevented the injury; (2) Chandler had not breached the agreement with Coles nor was indemnity or damages available under its terms, as Chandler's obligations did not extend to individual acts of workers directed by Coles, and the relevant costs were not 'directly in connection' with any proven breach; and (3) exclusion of the late expert report was a legitimate and unexceptional exercise of discretion.

Parties
Appellant in 2020/6348: Roland Gray; Respondent in 2020/6348; Appellant in 2020/80241: Coles Supermarkets Australia Pty Ltd; Respondent in 2020/80241: Chandler Macleod Group Ltd
Jurisdiction
Australia
Judgment Date
04 September 2020
Procedural Posture
Appeal / Judgment of Court of Appeal, NSW
Outcome
Both appeals dismissed.
Legal Topics
Negligence, Causation, Labour Hire Agreement, Construction of Contract, Exclusion of Evidence, Workplace Injury
Torts Contracts Evidence Negligence Causation Labour Hire Agreement Construction of Contract Exclusion of Evidence +1 more

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Parties

Roland Gray

Appellant in 2020/6348

Coles Supermarkets Australia Pty Ltd

Respondent in 2020/6348; Appellant in 2020/80241

Chandler Macleod Group Ltd

Respondent in 2020/80241

Procedural Posture

Appeal / Judgment of Court of Appeal, NSW

Legal Issues

  1. 1 Whether Coles was liable in negligence for workplace injury to Mr Gray
  2. 2 Whether Chandler Macleod Group breached the labour-hire agreement with Coles, entitling Coles to damages or indemnity
  3. 3 Whether trial judge erred in excluding an expert report

Ratio Decidendi

The appeals were dismissed because the trial judge correctly found that: (1) Coles was not liable to Mr Gray as the evidence did not establish that any additional precautions were reasonable or would have prevented the injury; (2) Chandler had not breached the agreement with Coles nor was indemnity or damages available under its terms, as Chandler's obligations did not extend to individual acts of workers directed by Coles, and the relevant costs were not 'directly in connection' with any proven breach; and (3) exclusion of the late expert report was a legitimate and unexceptional exercise of discretion.

Court Disposition

Both appeals dismissed.

Orders

  • In CA 2020/6348: Dismiss the appeal. Order the appellant to pay the respondent's costs.
  • In CA 2020/80241: Dismiss the appeal. Order the appellant to pay the respondent's costs.