Andrews v Andrews & Bresabyss Pty Ltd t/as BP Five Dock [2001] NSWCA 62

Andrews v Andrews & Bresabyss Pty Ltd t/as BP Five Dock [2001] NSWCA 62

The trial judge was entitled to find that parking vehicles on the very slight incline with the parking gear properly engaged was a relatively safe system of work, that the injury was caused by the appellant's negligent failure to engage the parking gear properly rather than by any breach by the company, and that the father was not contributorily negligent. No reason was demonstrated to disturb the assessment of non-economic loss.

Jurisdiction
Australia
Judgment Date
26 March 2001
Procedural Posture
Negligence Appeal Arising From Motor Vehicle Injury at Workplace / Appeal From District Court Judgment
Outcome
Appeal dismissed with costs
Legal Topics
['safe System of Work' 'contributory Negligence' 'contribution Between Tortfeasors' 'non Economic Loss Damages']
['torts' 'negligence' 'motor Accidents' 'employment Law'] ['safe System of Work' 'contributory Negligence' 'contribution Between Tortfeasors' 'non Economic Loss Damages']

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Procedural Posture

Negligence Appeal Arising From Motor Vehicle Injury at Workplace / Appeal From District Court Judgment

Legal Issues

  1. 1 ['Was the father contributorily negligent?' 'Is the son entitled to an indemnity or contribution from the company?' 'Should the damages awarded for non-economic loss be reduced?']

Ratio Decidendi

The trial judge was entitled to find that parking vehicles on the very slight incline with the parking gear properly engaged was a relatively safe system of work, that the injury was caused by the appellant's negligent failure to engage the parking gear properly rather than by any breach by the company, and that the father was not contributorily negligent. No reason was demonstrated to disturb the assessment of non-economic loss.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Appeal dismissed with costs']