Leslie Corbett v South 32 Limited (No 2) [2018] NSWDC 232

Leslie Corbett v South 32 Limited (No 2) [2018] NSWDC 232

Allfab was not negligent because a reasonable person in Allfab's position would not have known of the risk that Tank 3-20C was full of magnetite slurry and would not have taken the additional precautions asserted by West Cliff outside the mandated West Cliff isolation procedure. Allfab followed the Group Isolation Board and lock procedure, and the proposed precautions of opening the dump valve, using the inspection hole, contacting the control room, or ceasing work were not required of a reasonable person in Allfab's position. Because Allfab was not a tortfeasor who would have been liable to Mr Corbett in respect of the same damage, West Cliff was not entitled to contribution and the...

Jurisdiction
Australia
Judgment Date
03 August 2018
Procedural Posture
Civil Negligence Proceedings Involving Contribution Between Tortfeasors / Principal Judgment Determining Remaining Cross Claims for Contribution After West Cliff Settled With the Plaintiff and the Plaintiff Discontinued Against Allfab
Outcome
Cross-claims dismissed; costs ordered against the first, second and fourth cross-claimants in favour of Allfab Constructions Pty Limited.
Legal Topics
['apportionment' 'breach of Duty' 'failure to Take Precautions' 'factual Causation' 'workplace Injury' 'stored Energy Isolation Procedure']
['negligence' 'tort Law' 'civil Liability' 'contribution Between Tortfeasors'] ['apportionment' 'breach of Duty' 'failure to Take Precautions' 'factual Causation' 'workplace Injury' 'stored Energy Isolation Procedure']

Case Brief

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Procedural Posture

Civil Negligence Proceedings Involving Contribution Between Tortfeasors / Principal Judgment Determining Remaining Cross Claims for Contribution After West Cliff Settled With the Plaintiff and the Plaintiff Discontinued Against Allfab

Legal Issues

  1. 1 ['Whether Allfab would, if sued, have been liable to Mr Corbett in negligence in respect of the same damage for the purposes of s 5 of the Law Reform (Miscellaneous Provisions) Act 1946.' 'Whether the precautions asserted by West Cliff, including opening the dump valve, viewing through the inspection hole, contacting the control room, or ceasing work, satisfied ss 5B and 5C of the Civil Liability Act 2002.' 'Whether any asserted breach by Allfab was a necessary condition of the harm to Mr Corbett under s 5D of the Civil Liability Act 2002.' "If Allfab were negligent, what contribution would be just and equitable having regard to Allfab's responsibility for the damage compared with West Cliff's responsibility."]

Ratio Decidendi

Allfab was not negligent because a reasonable person in Allfab's position would not have known of the risk that Tank 3-20C was full of magnetite slurry and would not have taken the additional precautions asserted by West Cliff outside the mandated West Cliff isolation procedure. Allfab followed the Group Isolation Board and lock procedure, and the proposed precautions of opening the dump valve, using the inspection hole, contacting the control room, or ceasing work were not required of a reasonable person in Allfab's position. Because Allfab was not a tortfeasor who would have been liable to Mr Corbett in respect of the same damage, West Cliff was not entitled to contribution and the...

Court Disposition

Cross-claims dismissed; costs ordered against the first, second and fourth cross-claimants in favour of Allfab Constructions Pty Limited.

Orders

  • ['Cross-claims dismissed.' "The first, second and fourth cross-claimants to pay Allfab Constructions Pty Limited's costs of the cross-claims."]