A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.


Wednesday, 25 February 2015

Executive Summary (One Minute Read)
BlueScope Steel Ltd v Cartwright (NSWCA) – work injury damages – truck accident - excessive speed – BlueScope Steel and insurer not liable – appeal allowed
Gardner v Mattila (NTCA) – evidence – equity – dispute arising from development of store and caravan park – appeal dismissed – cross-appeal allowed
Summaries With Link (Five Minute Read)
BlueScope Steel Ltd v Cartwright [2015] NSWCA 25
Court of Appeal of New South Wales
Beazley P; Ward & Emmett JJA
Work injury damages - workers compensation - motor vehicle accident - employer contracted with steel manufacturer for transport of steel in containers - truck driver was driving prime mover with attached trailer containing heavy container - truck driver claimed damages for injuries when trailer lurched and rolled - Court held accident caused by tipping of unstable load and that both manufacturer and employer breached duty of care to truck driver - manufacturer had primary liability due to its inadequate packing system, which employer was contractually required to follow - liability apportioned at 85% for steel manufacturer - 15% for employer - held: accident would not have occurred unless prime mover travelling at speed in excess of limit - truck driver failed to establish inadequacy of wedges caused accident - truck driver entirely responsible for injuries - appeal allowed.
BlueScope Steel Ltd
Gardner v Mattila [2015] NTCA 1
Court of Appeal of the Northern Territory
Kelly, Barr & Hiley JJ
Evidence - equity - parties entered lease agreement to develop store and caravan park on land which respondent inherited from father’s estate - development financed by sale of parcels of land which respondent also inherited - parcels sold by first appellant using power of attorney granted by respondent - respondent made various claims against first appellant - primary judge found in favour of respondent on undue influence claims, claims for misappropriation of money, negligent sale of land and claim for declaration that lease was void - primary judge gave judgment for first appellant on quantum meruit claim - parties appealed and cross-appealed - first appellant’s essential complaint was that trial judge accepted respondent’s submission that Mrs Gardner had lied in giving evidence - held: no reason why trial judge ought not to have accepted respondent’s evidence - appeal dismissed - cross appeal against first appellant concerning alleged breaches of duty in relation to trust money spent on building works which were uncommercial allowed.