Grima v RFI (Aust) Pty Ltd [2014] NSWCA 345

Grima v RFI (Aust) Pty Ltd [2014] NSWCA 345

RFI (Aust) Pty Ltd and Allied Overnight Express Pty Ltd were both negligent, but RFI's breach was more culpable and causative; responsibility for Mr Grima's injuries should be apportioned as 75% to RFI and 25% to Allied. There was no contributory negligence on Mr Grima's part. Pursuant to the applicable workers compensation regulation, RFI was not entitled to a contribution from Allied for costs ordered in favour of Mr Grima.

Parties
Appellant: Carmel Grima; First Respondent: RFI (Aust) Pty Ltd t/as Regen Foam; Second Respondent: Allied Overnight Express Pty Ltd
Jurisdiction
Australia
Judgment Date
13 October 2014
Procedural Posture
Appeal / Judgment After Full Hearing of Appeal in the Court of Appeal
Outcome
Appeal allowed in part; cross-appeal dismissed
Legal Topics
Workplace Injury, Employer and Employee Liability, Concurrent Tortfeasors, Apportionment of Liability, Contribution Between Tortfeasors, Contributory Negligence, Costs in Personal Injury Cases
Torts Negligence Employment Law Workplace Injury Employer and Employee Liability Concurrent Tortfeasors Apportionment of Liability Contribution Between Tortfeasors +2 more

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Parties

Carmel Grima

Appellant

RFI (Aust) Pty Ltd t/as Regen Foam

First Respondent

Allied Overnight Express Pty Ltd

Second Respondent

Procedural Posture

Appeal / Judgment After Full Hearing of Appeal in the Court of Appeal

Legal Issues

  1. 1 Whether Allied Overnight Express Pty Ltd was negligent and causatively liable for Mr Grima's injury
  2. 2 Whether apportionment of liability between RFI (Aust) Pty Ltd and Allied should be varied from equal share
  3. 3 Whether there was contributory negligence by Mr Grima

Ratio Decidendi

RFI (Aust) Pty Ltd and Allied Overnight Express Pty Ltd were both negligent, but RFI's breach was more culpable and causative; responsibility for Mr Grima's injuries should be apportioned as 75% to RFI and 25% to Allied. There was no contributory negligence on Mr Grima's part. Pursuant to the applicable workers compensation regulation, RFI was not entitled to a contribution from Allied for costs ordered in favour of Mr Grima.

Court Disposition

Appeal allowed in part; cross-appeal dismissed

Orders

  • Parties to bring in agreed short minutes of orders within fourteen days varying orders made on 10 February 2014 to reflect a 75/25 percent responsibility apportionment between RFI and Allied
  • Costs of appeal reserved for future decision