McLean v Tedman [1984] HCA 60

McLean v Tedman [1984] HCA 60

Brambles Holdings Ltd. knew or ought to have known that its garbage collectors ran across busy roads and that this exposed them to a foreseeable and significant risk of injury from motorists' negligence and employee inadvertence. A safe alternative system of collecting garbage by driving the truck up one side of Albany Creek Road and down the other was shown to be possible and was not disproved as impracticable. Brambles therefore breached its duty to provide, maintain and enforce a safe system of work. In the circumstances of poor light, the appellant's task, the humper on his shoulder and the expectation that he keep up with the truck, his failure to observe the vehicle was mere...

Jurisdiction
Australia
Procedural Posture
Personal Injury Negligence Appeal / High Court Appeal From the Full Court of the Supreme Court of Queensland
Outcome
Appeal allowed with costs; judgment of the Full Court of the Supreme Court of Queensland set aside.
Legal Topics
['safe System of Work' 'contributory Negligence' 'foreseeable Risk of Injury' 'employee Inadvertence' 'motor Vehicle Collision']
['tort Law' 'negligence' "employer's Liability" 'personal Injury'] ['safe System of Work' 'contributory Negligence' 'foreseeable Risk of Injury' 'employee Inadvertence' 'motor Vehicle Collision']

Case Brief

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Procedural Posture

Personal Injury Negligence Appeal / High Court Appeal From the Full Court of the Supreme Court of Queensland

Legal Issues

  1. 1 ['Whether Brambles Holdings Ltd. was negligent in failing to provide a safe system of work for the appellant.' 'Whether a practicable alternative system of garbage collection would have avoided the relevant risk of injury.' "Whether the appellant was guilty of contributory negligence when he ran across Albany Creek Road carrying a humper and was struck by the first respondent's vehicle."]

Ratio Decidendi

Brambles Holdings Ltd. knew or ought to have known that its garbage collectors ran across busy roads and that this exposed them to a foreseeable and significant risk of injury from motorists' negligence and employee inadvertence. A safe alternative system of collecting garbage by driving the truck up one side of Albany Creek Road and down the other was shown to be possible and was not disproved as impracticable. Brambles therefore breached its duty to provide, maintain and enforce a safe system of work. In the circumstances of poor light, the appellant's task, the humper on his shoulder and the expectation that he keep up with the truck, his failure to observe the vehicle was mere...

Court Disposition

Appeal allowed with costs; judgment of the Full Court of the Supreme Court of Queensland set aside.

Orders

  • ['Appeal allowed with costs.' 'Judgment of the Full Court of the Supreme Court of Queensland set aside.' 'In lieu thereof, the appeals to the Full Court by the first respondent and the second respondent be dismissed with costs.']