Hodges v Coles Group Ltd [2009] NSWDC 189

New South Wales District Court

CITATION: Hodges v Coles Group Ltd [2009] NSWDC 189

HEARING DATE(S): 27/5/09 - 30/5/09

JUDGMENT DATE: 4 June 2009

JURISDICTION: Civil

JUDGMENT OF: Williams DCJ at 1

DECISION: Verdict for the plaintiff in the sum of $$416,715.84 and judgement accordingly.

CATCHWORDS: TORTS - work injury - negligence - non-employer liability - contribution between tortfeasors - contributory negligence

LEGISLATION CITED: Workers Compensation Act 1987. Civil Liability Act 2002

Andor Transport Pty Ltd v Brambles Limited (2004) HCA 28 CASES CITED: Harrison v Lau Nominees Pty Ltd (2004) NSWCA 18 Procrane Pty Ltd v Knobbs (1996) NSWCA unreported 407777 of 93 Pollard v Baulderstone Hornibrook Engineering Pty Ltd (2008) NSWCA 99

PARTIES: Shaun Reginald Hodges Coles Group Limited

FILE NUMBER(S): 21/08 - Lismore Registry

COUNSEL: Mr H Halligan for Plaintiff Mr J Stewart for Defendant

SOLICITORS: Beilby Poulden Costello McCulloch and Buggy

1. LIABILITY:- In this matter there will be verdict for the plaintiff.

2. Mr Hodges was the driver of a B double prime mover and trailers that made regular deliveries between a Coles distribution centre in Queensland and the Ocean Shores Bi-Lo, a Coles store at Brunswick Heads. Mr Hodges would pick up the pre-loaded trailers from the distribution centre in his prime mover and tow them to Brunswick Heads where the whole of the load of both trailers would be unloaded at a loading dock. The product involved was groceries of different kinds.

3. Boxes of product were stacked on caged trolleys at the Queensland distribution centre and were then loaded onto the trailers and the trailer would be sealed with a number. At the delivery end, the trolleys would be rolled out of the trailer onto a pneumatic scissor lift which then descended to ground level where the trolleys would then be rolled into the store.