Dempsey v AM Controls Pty Ltd; AM Controls Pty Ltd v Atlas Metal Processors Pty Ltd; Atlas Metal Processors Pty Ltd v AM Controls Pty Ltd [2019] NSWSC 698

Dempsey v AM Controls Pty Ltd; AM Controls Pty Ltd v Atlas Metal Processors Pty Ltd; Atlas Metal Processors Pty Ltd v AM Controls Pty Ltd [2019] NSWSC 698

Mr Blaik (first defendant) did not owe or breach a duty of care as alleged: the risk was not foreseeable, not significant, and no reasonable precautions were omitted; causation was not established, nor was any action of his a necessary condition for the harm. Atlas (second defendant) breached its duty of care as employer by failing to provide a safe system of work, proper training, clear instructions, and physical safeguards, which caused or materially contributed to Mr Dempsey's injuries. Mr Dempsey was contributorily negligent for 10% due to his actions releasing the pinch roller and entering the process line, reducing Atlas's liability to 90%.

Parties
Plaintiff: David Dempsey; First Defendant: A M Controls Pty Ltd t/as AM Electrical Rydalmere; Second Defendant: Atlas Metal Processors Pty Ltd
Jurisdiction
Australia
Judgment Date
12 June 2019
Procedural Posture
Negligence Claim (work Injury) / Final Judgment on Liability, Contribution and Contributory Negligence
Outcome
Judgment for first defendant against plaintiff; judgment for plaintiff against second defendant for 90% of agreed damages.
Legal Topics
Negligence, Duty of Care, Breach of Duty, Causation, Contributory Negligence, Workplace Injury, Employer's Liability, Professional Negligence
Tort Law Employment Law Occupational Health and Safety Negligence Duty of Care Breach of Duty Causation Contributory Negligence +3 more

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Parties

David Dempsey

Plaintiff

A M Controls Pty Ltd t/as AM Electrical Rydalmere

First Defendant

Atlas Metal Processors Pty Ltd

Second Defendant

Procedural Posture

Negligence Claim (work Injury) / Final Judgment on Liability, Contribution and Contributory Negligence

Legal Issues

  1. 1 Did Mr Blaik (first defendant) owe a duty of care to the plaintiff and, if so, what was the scope and content of that duty?
  2. 2 Did Mr Blaik breach his duty of care to the plaintiff?
  3. 3 Was any breach by Mr Blaik a necessary condition for the plaintiff's harm?

Ratio Decidendi

Mr Blaik (first defendant) did not owe or breach a duty of care as alleged: the risk was not foreseeable, not significant, and no reasonable precautions were omitted; causation was not established, nor was any action of his a necessary condition for the harm. Atlas (second defendant) breached its duty of care as employer by failing to provide a safe system of work, proper training, clear instructions, and physical safeguards, which caused or materially contributed to Mr Dempsey's injuries. Mr Dempsey was contributorily negligent for 10% due to his actions releasing the pinch roller and entering the process line, reducing Atlas's liability to 90%.

Court Disposition

Judgment for first defendant against plaintiff; judgment for plaintiff against second defendant for 90% of agreed damages.

Orders

  • Verdict and judgment for first defendant as against the plaintiff.
  • Verdict and judgment for plaintiff against second defendant for 90% of the damages agreed between them.