Metri v Nestlé Australia Ltd [2021] NSWSC 343

Metri v Nestlé Australia Ltd [2021] NSWSC 343

Nestlé was negligent as employer in failing to ensure sufficient communication of reported faults, and to provide adequate safety features on forklift 432, exposing plaintiff to foreseeable risk of being dislodged and injured; this negligence was causative of the plaintiff’s injuries. Linde did not have sufficient knowledge to be negligent in the repair; plaintiff's claim against Linde was within time. No contributory negligence found; plaintiff acted reasonably.

Parties
Plaintiff: Toufic Metri; First Defendant / Cross Claimant: Nestlé Australia Ltd; Second Defendant / Cross Defendant: Linde Material Handling Pty Limited
Jurisdiction
Australia
Judgment Date
07 April 2021
Procedural Posture
Principal Judgment / Trial Judgment
Outcome
Judgment for plaintiff against first defendant (Nestlé); judgment for second defendant (Linde) on plaintiff’s claim and on Nestlé’s cross-claim.
Legal Topics
Employer's Liability, Motor Vehicle Accidents, Contributory Negligence, Economic Loss, Discoverability
Negligence Personal Injury Torts Limitation of Actions Employer's Liability Motor Vehicle Accidents Contributory Negligence Economic Loss +1 more

Case Brief

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Parties

Toufic Metri

Plaintiff

Nestlé Australia Ltd

First Defendant / Cross Claimant

Linde Material Handling Pty Limited

Second Defendant / Cross Defendant

Procedural Posture

Principal Judgment / Trial Judgment

Legal Issues

  1. 1 Whether Nestlé was negligent in failing to ensure safe operation, maintenance, and repair of forklift 432
  2. 2 Whether Linde was negligent in repair of forklift 432 and liable to plaintiff
  3. 3 Limitation defence under Limitation Act by Linde

Ratio Decidendi

Nestlé was negligent as employer in failing to ensure sufficient communication of reported faults, and to provide adequate safety features on forklift 432, exposing plaintiff to foreseeable risk of being dislodged and injured; this negligence was causative of the plaintiff’s injuries. Linde did not have sufficient knowledge to be negligent in the repair; plaintiff's claim against Linde was within time. No contributory negligence found; plaintiff acted reasonably.

Court Disposition

Judgment for plaintiff against first defendant (Nestlé); judgment for second defendant (Linde) on plaintiff’s claim and on Nestlé’s cross-claim.

Orders

  • Judgment for the plaintiff against Nestlé Australia Ltd.
  • Judgment for Linde Material Handling Pty Limited on the plaintiff's claim.