Chaffey v MPM Maintenance Services Pty Ltd & Anor [2019] NSWDC 260

Chaffey v MPM Maintenance Services Pty Ltd & Anor [2019] NSWDC 260

Both the First Defendant (host employer) and MPM Recruitment Pty Ltd (principal employer, via Second Defendant insurer) owed the Plaintiff independent duties of care not to expose him to unnecessary risk. The First Defendant directed the Plaintiff to perform demolition from a counter in unsafe conditions, amounting to a breach of duty. MPM Recruitment Pty Ltd failed to ensure a safe system of work and did not take sufficient action beyond site assessment to safeguard its employee, breaching its own non-delegable duty. On the evidence, the Plaintiff did sustain neck, back and head injury as a result of the fall. Contributory negligence was not established. Liability was apportioned 85% to...

Parties
Plaintiff: Wayne Mervyn Chaffey; First Defendant: MPM Maintenance Services Pty Ltd; Second Defendant: Allianz Australia Workers Compensation (NSW) Ltd
Jurisdiction
Australia
Judgment Date
12 June 2019
Procedural Posture
Civil / Principal Judgment With Final Orders Pending as of 12 June 2019
Outcome
Judgment for the Plaintiff against both Defendants with leave to proceed; damages awarded and apportioned per statutory provisions. Final orders deferred for any corrections or arguments as to costs.
Legal Topics
Employer's Duty of Care, Labour Hire Liability, Negligence, Assessment of Damages, Extension of Limitation Periods, Contribution and Apportionment, Contributory Negligence
Workers Compensation Torts Personal Injury Employer's Duty of Care Labour Hire Liability Negligence Assessment of Damages Extension of Limitation Periods +2 more

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Parties

Wayne Mervyn Chaffey

Plaintiff

MPM Maintenance Services Pty Ltd

First Defendant

Allianz Australia Workers Compensation (NSW) Ltd

Second Defendant

Procedural Posture

Civil / Principal Judgment With Final Orders Pending as of 12 June 2019

Legal Issues

  1. 1 Whether the First Defendant breached its duty of care by requiring the Plaintiff to work in unsafe conditions
  2. 2 Whether MPM Recruitment Pty Ltd (as principal employer) breached its non-delegable duty of care to the Plaintiff
  3. 3 Whether contributory negligence should be attributed to the Plaintiff

Ratio Decidendi

Both the First Defendant (host employer) and MPM Recruitment Pty Ltd (principal employer, via Second Defendant insurer) owed the Plaintiff independent duties of care not to expose him to unnecessary risk. The First Defendant directed the Plaintiff to perform demolition from a counter in unsafe conditions, amounting to a breach of duty. MPM Recruitment Pty Ltd failed to ensure a safe system of work and did not take sufficient action beyond site assessment to safeguard its employee, breaching its own non-delegable duty. On the evidence, the Plaintiff did sustain neck, back and head injury as a result of the fall. Contributory negligence was not established. Liability was apportioned 85% to...

Court Disposition

Judgment for the Plaintiff against both Defendants with leave to proceed; damages awarded and apportioned per statutory provisions. Final orders deferred for any corrections or arguments as to costs.

Orders

  • Leave granted to commence proceedings out of time (s 151D Workers Compensation Act 1987 (NSW)).
  • Verdict and Judgment for Plaintiff against First Defendant: $268,745.