Ritchie v Advanced Plumbing and Drains Pty Ltd [2022] NSWSC 330

Supreme Court New South Wales

Medium Neutral Citation: Ritchie v Advanced Plumbing and Drains Pty Ltd [2022] NSWSC 330 Hearing dates: 22-24 November 2021 Date of orders: 31 March 2022 Decision date: 31 March 2022 Jurisdiction: Common Law Before: Davies J Decision: 1. See para [132] for answers to common questions. 2. Judgment for the second defendant. 3. The plaintiff is to pay the second defendant's costs Catchwords: NEGLIGENCE – vicarious liability – employer and employee – whether employees of company were working for company or director of company – whether work being performed formed part of company's business – representative proceedings - where plaintiff and group members seeking damages for losses caused by Carwoola Bushfire – where employees of company used a power cutting tool which emitted sparks and caused the bushfire – where employees and company breached their duty of care to plaintiff and group members INSURANCE – liability insurance – legal liability insurance – conditions and warranties – exclusions – whether work formed part of the insured's business - whether reasonable precautions were taken – failure to comply with statutory obligations - specific exclusions in endorsement to the policy – whether the use of a power cutter to cut steel constituted using spark producing equipment - noscitur a sociis maxim - ejusdem generis principle Legislation Cited: Civil Liability Act 2002 (NSW) ss 30, 31, 32, 33 Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) ss 3, 4 Civil Procedure Act 2005 (NSW) Pt 10 Rural Fires Act 1997 (NSW) ss 99, 100 Rural Fires Regulation 2013 (NSW) cl 22 Cases Cited: Australian Aviation Underwriting Pty Ltd v Henry (1988) 12 NSWLR 121 Australian Casuality Co Limited v Federico (1986) 160 CLR 513 Barrie Toepfer Earthmoving and Land Management Pty Ltd v CGU Insurance Ltd [2016] NSWCA 67 Cody v JH Nelson Pty Ltd (1947) 74 CLR 629 Foscolo, Mango and Company Limited v Stag Line Limited [1931] 2 KB Fraser v B. N. Furman (Productions) Ltd; Miller Smith & Partners (A Firm) Third Party [1967] 1 WLR 898 Horsell International Pty Ltd v Divetwo Pty Ltd [2013] NSWCA 368 Legal & General Insurance Australia Ltd v Eather (1986) 6 NSWLR 390 Orleans Investments Pty Ltd & Anor v Mindshare Communications Ltd [2009] NSWCA 40; (2009) 254 ALR 81 SBJ Stephenson Limited v Keith Anthony Mandy [2000] FSR 286 Thorman v Dowgate Steamship Company Ltd [1910] 1 KB 410 VACC Insurance v BP Australia Ltd (1999) 47 NSWLR 716; [1999] NSWCA 427 Watts v Perry [1972] 1 NSWLR 73 Texts Cited: McGillivray & Parkington on Insurance Law 6th Edition Category: Principal judgment Parties: Margaret Ritchie (Plaintiff) Advanced Plumbing and Drains Pty Ltd (First Defendant) Insurance Australia Ltd t/as CGU Insurance (Second Defendant) Representation: Counsel: G Dalton QC & A H Edwards (Plaintiff) No appearance (First Defendant) P Greenwood SC & Z Heger (Second Defendant)