Parkes v Mt Owen Pty Ltd & Anor [2022] NSWSC 909

Parkes v Mt Owen Pty Ltd & Anor [2022] NSWSC 909

Mt Owen Pty Limited, as host employer, had practical control over the work and safety of Mr Kemp at the relevant time and therefore is vicariously liable for his negligence pro hac vice. Both Mt Owen and Titan owed and breached duties of care to Mr Parkes. However, liability for Mr Kemp's negligence is to be borne by Mt Owen. There was no contributory negligence found on Mr Parkes' part. Damages and apportionment were assessed accordingly under the respective legislative regimes.

Parties
Plaintiff: Glen Matthew Parkes; First Defendant: Mt Owen Pty Limited; Second Defendant: Titan Technicians Enterprise Pty Ltd
Jurisdiction
Australia
Judgment Date
07 July 2022
Procedural Posture
Personal Injury/workplace Negligence / Principal Judgment After Trial
Outcome
Judgment for plaintiff against both defendants; cross-claim by second defendant dismissed; contribution ordered between defendants; costs awarded to plaintiff.
Legal Topics
Vicarious Liability, Labour Hire Arrangements, Personal Injury, Contributory Negligence, Assessment of Damages, Non Delegable Duty, Apportionment of Liability
Negligence Workers Compensation Employment Law Vicarious Liability Labour Hire Arrangements Personal Injury Contributory Negligence Assessment of Damages +2 more

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Parties

Glen Matthew Parkes

Plaintiff

Mt Owen Pty Limited

First Defendant

Titan Technicians Enterprise Pty Ltd

Second Defendant

Procedural Posture

Personal Injury/workplace Negligence / Principal Judgment After Trial

Legal Issues

  1. 1 Whether Mt Owen Pty Limited or Titan Technicians Enterprise Pty Ltd was vicariously liable for the negligence of Mr Kemp resulting in injury to Mr Parkes
  2. 2 Whether there was a breach of the host employer’s non-delegable duty of care
  3. 3 Whether the plaintiff was contributorily negligent

Ratio Decidendi

Mt Owen Pty Limited, as host employer, had practical control over the work and safety of Mr Kemp at the relevant time and therefore is vicariously liable for his negligence pro hac vice. Both Mt Owen and Titan owed and breached duties of care to Mr Parkes. However, liability for Mr Kemp's negligence is to be borne by Mt Owen. There was no contributory negligence found on Mr Parkes' part. Damages and apportionment were assessed accordingly under the respective legislative regimes.

Court Disposition

Judgment for plaintiff against both defendants; cross-claim by second defendant dismissed; contribution ordered between defendants; costs awarded to plaintiff.

Orders

  • Judgment for the plaintiff against the first defendant in the amount of $2,050,953
  • Judgment for the plaintiff against the second defendant in the amount of $1,965,145