Benward Pty Ltd & Ors v Metal Deck Roofing Pty Ltd & Ors [2001] NSWSC 1053

Benward Pty Ltd & Ors v Metal Deck Roofing Pty Ltd & Ors [2001] NSWSC 1053

The roof collapse was caused by the combined weight of Colorbond material and asbestos sheeting in the south-east section. Both First and Second Defendants were equally negligent in allowing dangerous conditions to persist, and liability is apportioned equally. Plaintiffs are entitled to damages for property, economic loss, loss of goodwill (quantified by capitalisation of future profits), and additional working expenses but not for corporate pain and suffering.

Parties
First Plaintiff: Benward Pty Ltd; Second Plaintiffs: Tupoli Pty Ltd and Ors (t/as Booth Printing Group); First Defendant: Metal Deck Roofing Pty Ltd; Second Defendant: Trio Insulation Pty Ltd; Third Defendant: AMP General Insurance Ltd
Jurisdiction
Australia
Judgment Date
22 November 2001
Procedural Posture
Civil / Judgment
Outcome
Judgment for the Plaintiffs against the First and Second Defendants; each liable to contribute half of the judgment debt.
Legal Topics
Negligence, Contractual Obligations, Economic Loss, Damages, Loss of Goodwill, Corporate Pain and Suffering, Apportionment of Liability
Tort Law Contract Law Commercial Law Negligence Contractual Obligations Economic Loss Damages Loss of Goodwill +2 more

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Parties

Benward Pty Ltd

First Plaintiff

Tupoli Pty Ltd and Ors (t/as Booth Printing Group)

Second Plaintiffs

Metal Deck Roofing Pty Ltd

First Defendant

Trio Insulation Pty Ltd

Second Defendant

AMP General Insurance Ltd

Third Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 What was the cause of the roof collapse?
  2. 2 Was negligence on the part of the Second Defendant a contributing cause?
  3. 3 How should liability as between the First and Second Defendants be apportioned?

Ratio Decidendi

The roof collapse was caused by the combined weight of Colorbond material and asbestos sheeting in the south-east section. Both First and Second Defendants were equally negligent in allowing dangerous conditions to persist, and liability is apportioned equally. Plaintiffs are entitled to damages for property, economic loss, loss of goodwill (quantified by capitalisation of future profits), and additional working expenses but not for corporate pain and suffering.

Court Disposition

Judgment for the Plaintiffs against the First and Second Defendants; each liable to contribute half of the judgment debt.

Orders

  • Judgment for Plaintiffs against First and Second Defendants for $4,626,031.87.
  • Each of First and Second Defendants entitled to order that the other indemnify it in respect of one-half of the judgment debt pursuant to Law Reform (Miscellaneous Provisions) Act, 1946.