Scott Cole v DIB Group trading as DIB Group Pty Limited trading as Hill & Co & Anor [2008] NSWDC 201

Scott Cole v DIB Group trading as DIB Group Pty Limited trading as Hill & Co & Anor [2008] NSWDC 201

DIB, as occupier, was liable because the pit cover was an unstable hidden trap, DIB had actual knowledge of the danger through its employee's prior fall, and the condition was not reasonably safe for persons lawfully on the premises. The plaintiff was not contributorily negligent because the risk was not obvious and his route was not unreasonable. The employer was not in breach of its non-delegable duty because a reasonable inspection would not have revealed the chipped concrete defect and no causal breach was proved, so Workers Compensation Act s 151Z did not apply. Gilbarco Australia Pty Ltd was not liable because there was no evidence against it.

Jurisdiction
Australia
Judgment Date
19 September 2008
Procedural Posture
Civil Personal Injury Damages Claim in Tort Involving Occupier's Liability and Workers Compensation Issues / Trial Judgment and Verdict
Outcome
Verdict for the plaintiff against the first defendant in the sum of $318,719.23; verdict for Gilbarco Australia Pty Ltd.
Legal Topics
['breach of Duty by Occupier' 'contributory Negligence' "employer's Non Delegable Duty to Provide a Safe System of Work" 'workers Compensation Act S 151 Z Contribution Defence' 'assessment of Damages']
['tort' "occupier's Liability" 'workers Compensation' 'civil Liability' 'personal Injury Damages'] ['breach of Duty by Occupier' 'contributory Negligence' "employer's Non Delegable Duty to Provide a Safe System of Work" 'workers Compensation Act S 151 Z Contribution Defence' 'assessment of Damages']

Case Brief

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Procedural Posture

Civil Personal Injury Damages Claim in Tort Involving Occupier's Liability and Workers Compensation Issues / Trial Judgment and Verdict

Legal Issues

  1. 1 ['Whether the first defendant, as occupier of the Goulburn Mobil Depot, breached its duty of care to the plaintiff in relation to an unstable pit cover.' 'Whether the plaintiff was contributorily negligent under Civil Liability Act s 5R by stepping on the pit cover or choosing an unnecessarily risky route.' "Whether the plaintiff's employer, Finemore's Transport, breached its non-delegable duty to provide a safe place and safe system of work so that Workers Compensation Act s 151Z applied." "Whether Gilbarco Australia Pty Ltd was liable for the plaintiff's injuries." "What damages should be awarded for the plaintiff's ankle injury and related complications."]

Ratio Decidendi

DIB, as occupier, was liable because the pit cover was an unstable hidden trap, DIB had actual knowledge of the danger through its employee's prior fall, and the condition was not reasonably safe for persons lawfully on the premises. The plaintiff was not contributorily negligent because the risk was not obvious and his route was not unreasonable. The employer was not in breach of its non-delegable duty because a reasonable inspection would not have revealed the chipped concrete defect and no causal breach was proved, so Workers Compensation Act s 151Z did not apply. Gilbarco Australia Pty Ltd was not liable because there was no evidence against it.

Court Disposition

Verdict for the plaintiff against the first defendant in the sum of $318,719.23; verdict for Gilbarco Australia Pty Ltd.

Orders

  • ['Verdict for the plaintiff against the first defendant in the sum of $318,719.23.' 'Verdict in favour of Gilbarco Australia Pty Ltd.']