CSR LTD v ELLIOTT and ANOR; GEORGE WARD PTY LTD v UBERO PTY LTD [1994] NSWCA 74

CSR LTD v ELLIOTT; GEORGE WARD PTY LTD v UBERO PTY LTD SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

5 KIRBY P, PRIESTLEY and HANDLEY JJA 19 May 1994, 23 June 1994

[1994] NSWCA 74

MASTER & SERVANT — employer's liability — employer liable to worker in respect of injuries sustained on premises belonging to another.

PRACTICE & PROCEDURE — Court of Appeal — normally does not determine matters unnecessary to orders disposing of appeal. WORKERS' COMPENSATION — payment of compensation — defence to common

law proceedings — meaning of.

CONTRIBUTION — justice and equity — entitlements under contract — entitlements from joint tortfeasor.

MASTER & SERVANT — employer's liability to employees — duty of care owed —

scope of duty — obligation by employer to employee injured in building owned and

controlled by others — held: (dismissing employer's appeal): Employer liable. Jury

v The Commissioner for Railways (New South Wales) (1935) 53 CLR 273; ACI Metal 25 Stamping and Spinning Pty Ltd v Boczulik (1964) 110 CLR 372 applied.

PRACTICE & PROCEDURE — Court of Appeal — grounds of appeal — issues not necessary for disposal of appeal and making of orders — held: The Court's usual rule is that it only decides matters necessary for the final decision of an appeal and does not decide matters not necessary for that purpose. WORKERS' COMPENSATION — common law liability independently of Act —

defence to proceedings to extent of payments — meaning and scope of defence — Workers' Compensation Act 1926, s63(5). D'Angola v Rio Pioneer Gravel Co Pty Ltd [1979] 1 NSWLR 495 (CA) referred to.

35 CONTRIBUTION — worker's claim against occupier of building in which injured — occupier makes third party claim against refurbisher — building contract between occupier and refurbisher — terms of contract — claim for contribution or indemnity on common law basis separately from contract — requirements of justice and equity — held: No error in the contribution ordered by the trial judge.