Canberra Wall Frames v White [1999] FCA 1810

FEDERAL COURT OF AUSTRALIA

Canberra Wall Frames v White [1999] FCA 1810

NEGLIGENCE – contributory negligence - appeal from a judgment of the Supreme Court of the Australian Capital Territory awarding the respondent damages for negligence giving rise to personal injury – respondent was a carpenter who was subcontracted to erect on-site prefabricated timber wall frames manufactured and supplied by the appellant – one of the frames supplied was defective and unsafe to walk upon – frame collapsed whilst respondent was walking on it – whether respondent was contributorily negligent – whether respondent's failure to act on discovering the problem was a basis for contributory negligence – whether reg 73 of the Regulations under the Scaffolding and Lifts Act, 1912-1948 (NSW) as applicable in the Australian Capital Territory applies where the person carrying out building work is also engaged in it – apportionment of responsibility. Scaffolding and Lifts Act 1957 (ACT) McLean v Tedman (1984) 155 CLR 306, distinguished Sungravure Pty Ltd v Meani (1964) 110 CLR 24, cited Commissioner for Railways (Qld) v Ruprecht (1979) 142 CLR 563, cited Podrebersek v Australian Iron & Steel Pty Ltd (1985) 59 ALR 529, applied HC Buckman & Son Pty Ltd v Flanagan (1974) 133 CLR 422, referred to General Constructions Pty Ltd v Peterson (1962) 108 CLR 251, cited Armstrong & De Mamiel Constructions Pty Ltd v Virenius (1981) 58 FLR 77, referred to Voce v Watson (1989) 97 FLR 448, referred to Steele v Twin City Rigging Pty Ltd (1992) 114 FLR 99, referred to Wynbergen v Hoyts Corporation Pty Ltd (1997) 72 ALJR 65, applied

CANBERRA FURNITURE MANUFACTURING PTY LIMITED (ACN 008 644 540), DAWE INDUSTRIES PTY LIMITED (ACN 008 576 823) and DOSYO PTY LIMITED (ACN 008 620 773) t/as CANBERRA WALL FRAMES v IAN JOHN WHITE