Canny, J.M. v. John Pfeiffer Pty Ltd t/as & John Pfeiffer Constructions & Anor [1980] FCA 189

/87

CATCHWORDS

Master and Servant - Industrial accident - Regulation requiring master to employ qualified operator to use Ramset tool -

whether breach gives rise to civil right on part of servant injured by projectile discharged from tool by unqualified operator -

Whether breach a cause of servant's injuries.

JOHN MICHAEL CANNY

Vv.

JOHN PFEIFFER PTY. LIMITED t/as JOHN PFEIFFER CONSTRUCTIONS

AND AARO JARVIN

F.C. No. 12 of 1979

CORAM: CONNOR, EVATT and KEELY JJ. 17 December 1980.

Federal Court of Australia, Sydney.

IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY

F.C. No. 12 of 1979 DISTRICT REGISTRY

Sw

GENERAL DIVISION

ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN: JOHN MICHAEL CANNY

Appellant

AND: JOHN PFEIFFER PTY. LIMITED t/as JOHN PFEIFFER CONSTRUCTIONS

First Respondent

AND: AARO JARVIN

Second Respondent

ORDER JUDGES MAKING ORDER : CONNOR, EVATT and KEELY JJ. DATE OF ORDER : 17 December 1980 WHERE MADE : Sydney.

THE COURT ORDERS THAT:

1. The appeal as against the first respondent be allowed. 2. The appeal as against the second respondent be dismissed. 3. There be judgment for the appellant against the first

respondent for $118,982.35. 4. The costs of the appellant and the second respondent of

the appeal and the trial be taxed and paid by the first respondent.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY

)

)

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} F.C. No. 12 of 1979 DISTRICT REGISTRY } ) )