Lucas v Tubrule Pty Ltd [No 1] [2010] NSWDC 27

Lucas v Tubrule Pty Ltd [No 1] [2010] NSWDC 27

Both defendants owed the plaintiff a duty of care: Baulderstone Hornibrook as site manager under its safety management systems, and Tubrule as the scaffold erector and maintainer. Both breached their duties by failing to ensure the platform was properly constructed, regularly inspected, and free from known hazards, and to comply with relevant standards and regulations. The unsafe plank was not properly seated, sufficient safety inspections and handover procedures were not conducted, and requisite safety precautions (such as fixing planks to prevent uplift) were omitted. These failures were causative of the plaintiff's fall and injuries. Liability was apportioned: Tubrule (45%),...

Jurisdiction
Australia
Judgment Date
05 March 2010
Procedural Posture
Civil / Judgment After Trial, Quantum Adjourned for Further Orders
Outcome
Liability found against both defendants for negligence; damages quantified but quantum and certain calculations adjourned pending further submissions/orders.
Legal Topics
['negligence' 'duty of Care' 'breach of Statutory Duty' 'workplace Accident' 'apportionment of Liability' 'contributory Negligence' 'standards Compliance' 'damages Assessment']
['tort Law' 'civil Liability' 'occupational Health and Safety' 'workers Compensation'] ['negligence' 'duty of Care' 'breach of Statutory Duty' 'workplace Accident' 'apportionment of Liability' 'contributory Negligence' 'standards Compliance' 'damages Assessment']

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Procedural Posture

Civil / Judgment After Trial, Quantum Adjourned for Further Orders

Legal Issues

  1. 1 ['Circumstances and cause of fall from scaffolding' 'Whether defendants owed and breached duties of care or statutory duties' 'Compliance with Australian Standards for scaffolding' 'Responsibility for inspection and safety of scaffolding' 'Apportionment of liability among parties' 'Extent of injury and causation' 'Assessment of damages']

Ratio Decidendi

Both defendants owed the plaintiff a duty of care: Baulderstone Hornibrook as site manager under its safety management systems, and Tubrule as the scaffold erector and maintainer. Both breached their duties by failing to ensure the platform was properly constructed, regularly inspected, and free from known hazards, and to comply with relevant standards and regulations. The unsafe plank was not properly seated, sufficient safety inspections and handover procedures were not conducted, and requisite safety precautions (such as fixing planks to prevent uplift) were omitted. These failures were causative of the plaintiff's fall and injuries. Liability was apportioned: Tubrule (45%),...

Court Disposition

Liability found against both defendants for negligence; damages quantified but quantum and certain calculations adjourned pending further submissions/orders.

Orders

  • ['Adjourned for adjustments to damages for past and future income and superannuation losses.' 'Adjourned for adjustment of Fox v Wood component.' 'Adjourned for final calculation of past out of pocket expenses in light of findings on causation.' 'Orders for apportionment of judgment sum between defendants as per...