Brambles Australia Ltd (trading as Brambles Industrial Services) v Sandy & Anor [2006] NSWCA 357

Brambles Australia Ltd (trading as Brambles Industrial Services) v Sandy & Anor [2006] NSWCA 357

The appeal failed because the trial judge was entitled to accept Mr Sandy's evidence that he moved the vehicle forward from the kerb and windrow to an apparently level position; the evidence did not make that finding glaringly improbable or incontrovertibly wrong, and irregularities in the apparently level tipping area could still have caused overbalancing when combined with forward movement, full hoist extension and retained BPF. Brambles breached its duty of care because the risk of instability from an uneven tipping surface and sticky BPF was foreseeable, potentially serious, and not reasonably ignored. Mr Sandy's injury was not an "injury" under the Motor Accidents Compensation Act...

Jurisdiction
Australia
Judgment Date
14 December 2006
Procedural Posture
Appeal in Negligence Personal Injury Proceedings and CTP Indemnity Cross Claims / Appeal From District Court Judgment of Sidis DCJ Dated 28 October 2005
Outcome
Appeal dismissed.
Legal Topics
['unsafe System of Work' 'truck Tipping Accident' 'appellate Review of Factual Findings' 'foreseeability and Breach of Duty' 'contributory Negligence' 'definition of Injury Under Motor Accidents Compensation Act 1999' 'ctp Insurance Indemnity']
['negligence' 'personal Injury' 'workers Compensation' 'motor Accidents Compensation' 'insurance'] ['unsafe System of Work' 'truck Tipping Accident' 'appellate Review of Factual Findings' 'foreseeability and Breach of Duty' 'contributory Negligence' 'definition of Injury Under Motor Accidents Compensation Act 1999' 'ctp Insurance Indemnity']

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Procedural Posture

Appeal in Negligence Personal Injury Proceedings and CTP Indemnity Cross Claims / Appeal From District Court Judgment of Sidis DCJ Dated 28 October 2005

Legal Issues

  1. 1 ['Whether the trial judge erred in accepting that Mr Sandy repositioned the vehicle from the kerb and windrow onto apparently level ground before tipping the load.' 'Whether Brambles breached its duty of care by failing to provide a safe system of work or safe tipping area for discharging BPF.' 'Whether Mr Sandy\'s injury fell within the definition of "injury" in s 3(1) of the Motor Accidents Compensation Act 1999 so as to support Brambles\' CTP indemnity claim against SGIO.']

Ratio Decidendi

The appeal failed because the trial judge was entitled to accept Mr Sandy's evidence that he moved the vehicle forward from the kerb and windrow to an apparently level position; the evidence did not make that finding glaringly improbable or incontrovertibly wrong, and irregularities in the apparently level tipping area could still have caused overbalancing when combined with forward movement, full hoist extension and retained BPF. Brambles breached its duty of care because the risk of instability from an uneven tipping surface and sticky BPF was foreseeable, potentially serious, and not reasonably ignored. Mr Sandy's injury was not an "injury" under the Motor Accidents Compensation Act...

Court Disposition

Appeal dismissed.

Orders

  • ['Appeal dismissed.' 'Brambles Australia Ltd ordered to pay the costs of Mr Sandy and SGIO.']