Bettergrow Pty Limited v NSW Electricity Networks Operations Pty Ltd as trustee for NSW Electricity Networks Operations Trust t/as TransGrid (No 2) [2018] NSWSC 514

Bettergrow Pty Limited v NSW Electricity Networks Operations Pty Ltd as trustee for NSW Electricity Networks Operations Trust t/as TransGrid (No 2) [2018] NSWSC 514

None of the defendants owed Bettergrow a non-delegable or ordinary duty of care to prevent the delivery of asbestos-contaminated waste. The facts did not support extending non-delegable duties to this principal/contractor scenario, as Bettergrow was not particularly vulnerable and had means to protect itself. There was no breach of any pleaded contractual term by Online, and no causatively relevant breach by any party. Even if any duty had existed, there was insufficient evidence of breach or causation. Thus, Bettergrow's claims failed.

Parties
Plaintiff: Bettergrow Pty Limited; First Defendant: NSW Electricity Networks Operations Pty Ltd as trustee for NSW Electricity Networks Operations Trust t/as TransGrid; Second Defendant: Powercor Network Services Pty Ltd; Third Defendant: TTR Construction & Excavation Pty Limited (In Liquidation); Fourth Defendant: On-Line Pipe & Cable Locating Pty Limited
Jurisdiction
Australia
Judgment Date
26 April 2018
Procedural Posture
Principal Judgment / Final Judgment
Outcome
Proceedings dismissed
Legal Topics
Non Delegable Duties of Care, Duty of Care, Breach of Duty, Causation, Terms Implied in Contract, Amendment of Pleadings, Cross Claims, Economic Loss, Contributory Negligence, Apportionment of Responsibility, Statutory Compliance
Torts Negligence Contracts Civil Procedure Non Delegable Duties of Care Duty of Care Breach of Duty Causation +7 more

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Parties

Bettergrow Pty Limited

Plaintiff

NSW Electricity Networks Operations Pty Ltd as trustee for NSW Electricity Networks Operations Trust t/as TransGrid

First Defendant

Powercor Network Services Pty Ltd

Second Defendant

TTR Construction & Excavation Pty Limited (In Liquidation)

Third Defendant

On-Line Pipe & Cable Locating Pty Limited

Fourth Defendant

Procedural Posture

Principal Judgment / Final Judgment

Legal Issues

  1. 1 Whether the defendants owed Bettergrow a duty of care (non-delegable or ordinary) to prevent delivery of asbestos-contaminated waste
  2. 2 Whether the principal (TransGrid) can be liable for the acts of its contractor and sub-contractors
  3. 3 Whether any duty was breached by the defendants

Ratio Decidendi

None of the defendants owed Bettergrow a non-delegable or ordinary duty of care to prevent the delivery of asbestos-contaminated waste. The facts did not support extending non-delegable duties to this principal/contractor scenario, as Bettergrow was not particularly vulnerable and had means to protect itself. There was no breach of any pleaded contractual term by Online, and no causatively relevant breach by any party. Even if any duty had existed, there was insufficient evidence of breach or causation. Thus, Bettergrow's claims failed.

Court Disposition

Proceedings dismissed

Orders

  • The proceedings be dismissed
  • The plaintiff pay the costs of the first, second and fourth defendants