WALTER H. WRIGHT PTY. LTD. V. NAUBURAS AND THE COMMONWEALTH OF AUSTRALIA 1/1180

WALTER H. WRIGHT PTY. LTD. V. NAUBURAS AND THE COMMONWEALTH OF AUSTRALIA 1/1180

The Commonwealth's liability could not be established because there was insufficient evidence that any Commonwealth officer knew or ought reasonably to have known the ground was unsafe for crane operation, or that there was an unusual danger for which a warning or safeguard was required. Thus, no basis for contribution by the Commonwealth; employer's liability to plaintiff remains, but no right of contribution from Commonwealth.

Parties
Appellant: Walter H. Wright Pty. Ltd.; Plaintiff (not a Party to Appeal): Nauburas; Respondent: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
04 March 1958
Procedural Posture
Appeal / High Court Judgment on Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
Negligence, Invitee and Occupier Liability, Contribution Between Tortfeasors
Torts Negligence Invitee and Occupier Liability Contribution Between Tortfeasors

Case Brief

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Parties

Walter H. Wright Pty. Ltd.

Appellant

Nauburas

Plaintiff (not a Party to Appeal)

Commonwealth of Australia

Respondent

Procedural Posture

Appeal / High Court Judgment on Appeal

Legal Issues

  1. 1 Whether the Commonwealth of Australia owed a duty of care to warn or protect the deceased (invitee) from an alleged unusual danger present on the premises (filled land) leading to a fatal accident during the use of a mobile crane
  2. 2 Whether the Commonwealth was properly found jointly liable in negligence to contribute to damages alongside the appellant employer

Ratio Decidendi

The Commonwealth's liability could not be established because there was insufficient evidence that any Commonwealth officer knew or ought reasonably to have known the ground was unsafe for crane operation, or that there was an unusual danger for which a warning or safeguard was required. Thus, no basis for contribution by the Commonwealth; employer's liability to plaintiff remains, but no right of contribution from Commonwealth.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.