Bamber v Hartman Pacific Pty Ltd [2018] NSWCA 248

Bamber v Hartman Pacific Pty Ltd [2018] NSWCA 248

It was more likely than not that the excessive tautness of the hauling rope, a safety defect, was present when the ladder was supplied and had a causal connection with Mr Bamber's injury. Mr Bamber’s omission in ensuring the locking mechanism was fully engaged also contributed to the injury. Damages were reduced by 30% for contributory negligence. The primary judge’s adverse credit findings were open on the evidence, but erred in directing a verdict for the respondent.

Parties
Appellant: William Duncan Bamber; Respondent: Hartman Pacific Pty Ltd
Jurisdiction
Australia
Judgment Date
29 October 2018
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Negligence, Product Liability, Defective Goods, Contributory Negligence
Torts Consumer Law Negligence Product Liability Defective Goods Contributory Negligence

Case Brief

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Parties

William Duncan Bamber

Appellant

Hartman Pacific Pty Ltd

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether ladder had safety defect when supplied by Hartman Pacific Pty Ltd
  2. 2 Whether safety defect caused appellant's injury
  3. 3 Whether appellant contributorily negligent

Ratio Decidendi

It was more likely than not that the excessive tautness of the hauling rope, a safety defect, was present when the ladder was supplied and had a causal connection with Mr Bamber's injury. Mr Bamber’s omission in ensuring the locking mechanism was fully engaged also contributed to the injury. Damages were reduced by 30% for contributory negligence. The primary judge’s adverse credit findings were open on the evidence, but erred in directing a verdict for the respondent.

Court Disposition

Appeal allowed

Orders

  • Orders made by the primary judge set aside
  • Damages for Mr William Bamber against Hartman Pacific Pty Ltd in the sum of $73,531.47