Peter Raymond Millington v Max Wilkie t/as Max Wilkie Plumbing Servises & Anor [2003] NSWSC 969

Peter Raymond Millington v Max Wilkie t/as Max Wilkie Plumbing Servises & Anor [2003] NSWSC 969

The plaintiff was an experienced plumber who knew he should not climb an unsecured ladder, was reminded by his employer not to mount the ladder, and nevertheless chose to use it alone while it was not secured. Although there was a breach of regulation 80(6), and possibly regulation 73, the breaches occurred because the plaintiff disobeyed instructions and knowingly misused otherwise suitable equipment. The ladder supplied by the second named defendant was suitable and safe for its intended use when properly secured. Accordingly, the plaintiff failed to establish liability against either defendant.

Jurisdiction
Australia
Judgment Date
29 October 2003
Procedural Posture
Negligence and Breach of Statutory Duty Claim for Workplace Injury Damages / Judgment After Hearing
Outcome
Verdict for the first and second named defendants
Legal Topics
['negligence' 'breach of Statutory Duty' 'causation' 'ladder Safety' 'employer Duty of Care' 'misuse of Equipment']
['tort Law' 'personal Injury' 'employment Law' 'construction Safety'] ['negligence' 'breach of Statutory Duty' 'causation' 'ladder Safety' 'employer Duty of Care' 'misuse of Equipment']

Case Brief

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Procedural Posture

Negligence and Breach of Statutory Duty Claim for Workplace Injury Damages / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the first named defendant breached a common law duty of care owed to the plaintiff in relation to use of the ladder.' "Whether breaches of construction safety regulations caused the plaintiff's injury." 'Whether the second named defendant was liable for supplying the ladder used by the plaintiff.' "Whether the plaintiff's own conduct in climbing an unsecured ladder in disobedience to instructions defeated his claim."]

Ratio Decidendi

The plaintiff was an experienced plumber who knew he should not climb an unsecured ladder, was reminded by his employer not to mount the ladder, and nevertheless chose to use it alone while it was not secured. Although there was a breach of regulation 80(6), and possibly regulation 73, the breaches occurred because the plaintiff disobeyed instructions and knowingly misused otherwise suitable equipment. The ladder supplied by the second named defendant was suitable and safe for its intended use when properly secured. Accordingly, the plaintiff failed to establish liability against either defendant.

Court Disposition

Verdict for the first and second named defendants

Orders

  • ['Verdict for the first named defendant.' 'Verdict for the second named defendant.']