Joe Salvadore Lembo v Pacific Brands Holdings Pty Ltd [2015] NSWDC 35

Joe Salvadore Lembo v Pacific Brands Holdings Pty Ltd [2015] NSWDC 35

The evidence did not establish the master servant relationship between the injured person and the defendant; no deficiency in training provided was causative of the plaintiff's injury; therefore, the plaintiff's action must fail.

Jurisdiction
Australia
Judgment Date
27 March 2015
Procedural Posture
Civil / Principal Judgment
Outcome
Verdict for the Defendant
Legal Topics
['liability' 'vicarious Liability' 'damages']
['torts' 'negligence'] ['liability' 'vicarious Liability' 'damages']

Case Brief

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Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 ["Whether the plaintiff suffered work injury due to employer's negligence" 'Whether the defendant is vicariously liable for actions of the injured person' 'Whether training provided to the plaintiff was adequate and causative of injury']

Ratio Decidendi

The evidence did not establish the master servant relationship between the injured person and the defendant; no deficiency in training provided was causative of the plaintiff's injury; therefore, the plaintiff's action must fail.

Court Disposition

Verdict for the Defendant

Orders

  • ["Plaintiff to pay Defendant's costs" 'Liberty to apply within 14 days for any other order as to costs' 'Exhibits are to be retained for 28 days']