SIMSMETAL LTD v GODDEN [1988] NSWCA 135

SIMSMETAL LTD v GODDEN [1988] NSWCA 135

The jury was entitled to infer from the evidence that the appellant owned the truck and was vicariously liable for the driver's negligence; the apportionment between defendants was not manifestly unjust and should not be disturbed.

Parties
Appellant: SIMSMETAL LTD; Respondent: Godden; Respondent: Second respondent (employer)
Jurisdiction
Australia
Judgment Date
16 March 1988
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Vicarious Liability, Unsafe System of Work, Apportionment of Liability
Tort Negligence Vicarious Liability Unsafe System of Work Apportionment of Liability

Case Brief

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Parties

SIMSMETAL LTD

Appellant

Godden

Respondent

Second respondent (employer)

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether there was evidence of negligence to go to the jury
  2. 2 Whether there was evidence that the appellant was vicariously liable for the fault of the tip truck driver
  3. 3 Whether apportionment of liability between defendants was unjust or unreasonable

Ratio Decidendi

The jury was entitled to infer from the evidence that the appellant owned the truck and was vicariously liable for the driver's negligence; the apportionment between defendants was not manifestly unjust and should not be disturbed.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs