Kendrick v Bluescope Steel (AIS) Pty Ltd & Ors [2007] NSWSC 1288

Kendrick v Bluescope Steel (AIS) Pty Ltd & Ors [2007] NSWSC 1288

Both Bluescope Steel and ASMS were liable—Bluescope as employer for failing to provide a safe system of work by not segregating large industrial vehicles and light vehicles, inadequately addressing known road hazards, and failing to implement recommended safety changes; ASMS (vicariously) for the driver’s failure to bring the dump truck to a halt despite awareness of a developing hazard, amounting to negligent driving under the circumstances. Plaintiff’s contributory negligence assessed at 20%. Damages apportioned in line with legislative requirements and cross-claims calculated accordingly. Substantial damages, including for care, loss of income, and fund management, ordered against both...

Parties
Plaintiff: Alan Kendrick by his tutor Erica Kendrick; First Defendant: Bluescope Steel (AIS) Pty Ltd formerly known as BHP Steel (AIS) Pty Limited; Second Defendant: Australian Steel Mill Services Pty Ltd; Third Defendant: Cooks Constructions Pty Limited; Fourth Defendant: Komatsu Australia Pty Ltd; Seventh Cross Defendant: Webb Air Auto Electrics Pty Limited
Jurisdiction
Australia
Judgment Date
21 December 2007
Procedural Posture
Civil Negligence Claim (personal Injuries) / Final Judgment After Trial
Outcome
Judgment for plaintiff against Bluescope Steel and ASMS with apportionment and orders for cross-claims. Damages and statutory repayments quantified. Question of costs reserved.
Legal Topics
Employer's Liability, Vicarious Liability, Damages Assessment, Apportionment of Liability, Contributory Negligence, Obvious Risk (civil Liability Act), Injury at Work, Safe System of Work
Torts Negligence Personal Injury Worker's Compensation Employer's Liability Vicarious Liability Damages Assessment Apportionment of Liability +4 more

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Parties

Alan Kendrick by his tutor Erica Kendrick

Plaintiff

Bluescope Steel (AIS) Pty Ltd formerly known as BHP Steel (AIS) Pty Limited

First Defendant

Australian Steel Mill Services Pty Ltd

Second Defendant

Cooks Constructions Pty Limited

Third Defendant

Komatsu Australia Pty Ltd

Fourth Defendant

Webb Air Auto Electrics Pty Limited

Seventh Cross Defendant

Procedural Posture

Civil Negligence Claim (personal Injuries) / Final Judgment After Trial

Legal Issues

  1. 1 Whether Bluescope Steel was liable in negligence and/or as employer/occupier for plaintiff's quadriplegic injury after workplace motor vehicle accident
  2. 2 Whether ASMS (haulage contractor) was vicariously or directly liable for system failures and actions of truck driver
  3. 3 Appropriate apportionment of liability and damages including calculation under Workers Compensation legislation and Civil Liability Act

Ratio Decidendi

Both Bluescope Steel and ASMS were liable—Bluescope as employer for failing to provide a safe system of work by not segregating large industrial vehicles and light vehicles, inadequately addressing known road hazards, and failing to implement recommended safety changes; ASMS (vicariously) for the driver’s failure to bring the dump truck to a halt despite awareness of a developing hazard, amounting to negligent driving under the circumstances. Plaintiff’s contributory negligence assessed at 20%. Damages apportioned in line with legislative requirements and cross-claims calculated accordingly. Substantial damages, including for care, loss of income, and fund management, ordered against both...

Court Disposition

Judgment for plaintiff against Bluescope Steel and ASMS with apportionment and orders for cross-claims. Damages and statutory repayments quantified. Question of costs reserved.

Orders

  • Judgment for plaintiff against Bluescope Steel (AIS) Pty Ltd in the sum of $16,487,731; plaintiff to repay Bluescope Steel the amount of $5,786,744 on account of its payment of out-of-pocket expenses and weekly compensation.
  • Judgment for plaintiff against ASMS in the sum of $16,650,699.