Leighton Contractors Pty Ltd v Rodney James Smith anor [2000] NSWCA 55

Leighton Contractors Pty Ltd v Rodney James Smith anor [2000] NSWCA 55

The indemnity clause was directed to loss or damage resulting from personal injury arising out of or resulting from B&B's act, error, omission or neglect, not to the cause of Leighton's liability to Smith. Smith's personal injury fell within that description, and no implied limitation, such as requiring B&B to be the sole cause, could be justified. Applying the clause's natural and ordinary meaning, B&B was required to indemnify Leighton for Leighton's liability to Smith, so the appeal from the refusal of indemnity was allowed and the remaining damages-related applications were dismissed in accordance with the parties' positions.

Jurisdiction
Australia
Judgment Date
19 April 2000
Procedural Posture
Negligence Workplace Injury Claim, Damages and Contractual Indemnity Dispute / Appeal From Supreme Court of New South Wales, Common Law Division
Outcome
Appeal against dismissal of Leighton's indemnity claim allowed with costs; declaration of indemnity made; Leighton's damages appeal and application for leave to appeal dismissed; Smith's strike-out application and application for leave to appeal dismissed.
Legal Topics
['workplace Injury' 'safe System of Work' 'contractual Indemnity' 'quantum of Damages' 'contribution Between Tortfeasors' 'jury Verdict']
['negligence' 'workers Compensation' 'contract' 'construction Safety' 'damages'] ['workplace Injury' 'safe System of Work' 'contractual Indemnity' 'quantum of Damages' 'contribution Between Tortfeasors' 'jury Verdict']

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Procedural Posture

Negligence Workplace Injury Claim, Damages and Contractual Indemnity Dispute / Appeal From Supreme Court of New South Wales, Common Law Division

Legal Issues

  1. 1 ["Whether B&B was required by the subcontract indemnity clause to indemnify Leighton for Leighton's liability to Smith." "Whether Leighton's appeal against the damages awarded to Smith should proceed if Leighton was entitled to an indemnity from B&B." "Whether Smith's applications concerning Leighton's damages appeal and damages awarded against B&B should be dismissed." "Whether the jury's different damages verdicts against Leighton and B&B were rational." 'Whether the award of $180,000.00 for non-economic loss against Leighton was excessive.']

Ratio Decidendi

The indemnity clause was directed to loss or damage resulting from personal injury arising out of or resulting from B&B's act, error, omission or neglect, not to the cause of Leighton's liability to Smith. Smith's personal injury fell within that description, and no implied limitation, such as requiring B&B to be the sole cause, could be justified. Applying the clause's natural and ordinary meaning, B&B was required to indemnify Leighton for Leighton's liability to Smith, so the appeal from the refusal of indemnity was allowed and the remaining damages-related applications were dismissed in accordance with the parties' positions.

Court Disposition

Appeal against dismissal of Leighton's indemnity claim allowed with costs; declaration of indemnity made; Leighton's damages appeal and application for leave to appeal dismissed; Smith's strike-out application and application for leave to appeal dismissed.

Orders

  • ["Appeal against the dismissal of Leighton's claim for indemnity by B&B allowed with costs." "Declaration that Leighton is entitled to indemnity by B&B in respect of Leighton's liability to Smith." "Leighton's appeal and application for leave to appeal dismissed." "Application by Smith to strike out Leighton's...