Pamela Spencer v QLSL Pty Ltd (trading as Supply-Linq Pty Ltd) & Ors [2017] NSWDC 26

Pamela Spencer v QLSL Pty Ltd (trading as Supply-Linq Pty Ltd) & Ors [2017] NSWDC 26

Both Supply-Linq and JLL breached their respective duties of care to the Plaintiff by failing to prevent or rectify a foreseeable, significant hazard (the gap in metal grates) that caused personal injury. The injuries were caused by such breaches and liability was apportioned—Supply-Linq 60%, JLL 40%. Employer’s contribution assessed as 20%. No contributory negligence was found against Plaintiff. Damages assessed to $189,629.32 less 20% employer reduction; verdicts and judgments accordingly entered.

Parties
Plaintiff: Pamela Spencer; First Defendant: QLSL Pty Ltd trading as Supply-Linq Pty Ltd; Second Defendant: CBRE Pty Limited trading as CB Richard Ellis; Third Defendant: Jones Lang LaSalle (NSW) Pty Limited
Jurisdiction
Australia
Judgment Date
14 February 2017
Procedural Posture
Civil / Principal Judgment
Outcome
Judgment for Plaintiff against Defendants; cross-claims between Defendants determined.
Legal Topics
Negligence, Workplace Injury, Proportionate Liability, Contribution Between Joint and Several Tortfeasors, Contributory Negligence, Damages
Torts Civil Liability Negligence Workplace Injury Proportionate Liability Contribution Between Joint and Several Tortfeasors Contributory Negligence Damages

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Parties

Pamela Spencer

Plaintiff

QLSL Pty Ltd trading as Supply-Linq Pty Ltd

First Defendant

CBRE Pty Limited trading as CB Richard Ellis

Second Defendant

Jones Lang LaSalle (NSW) Pty Limited

Third Defendant

Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 Liability of host employer for workplace injury
  2. 2 Liability of managing agent for premises safety
  3. 3 Contribution between tortfeasors

Ratio Decidendi

Both Supply-Linq and JLL breached their respective duties of care to the Plaintiff by failing to prevent or rectify a foreseeable, significant hazard (the gap in metal grates) that caused personal injury. The injuries were caused by such breaches and liability was apportioned—Supply-Linq 60%, JLL 40%. Employer’s contribution assessed as 20%. No contributory negligence was found against Plaintiff. Damages assessed to $189,629.32 less 20% employer reduction; verdicts and judgments accordingly entered.

Court Disposition

Judgment for Plaintiff against Defendants; cross-claims between Defendants determined.

Orders

  • Verdict and judgment for Plaintiff against Defendants in the sum of $151,703 (rounded down).
  • Verdict and judgment for the First Defendant against the Third Defendant in the sum of $60,681.