Perth Freightlines P/L v Peter Chapman [2003] NSWCA 35

New South Wales Court of Appeal

CITATION : Perth Freightlines P/L v Peter Chapman [2003] NSWCA 35 HEARING DATE(S) : 25/02/03 JUDGMENT DATE : 5 March 2003

JUDGMENT OF : Meagher JA at 1; Beazley JA at 15; Cripps AJA at 16 DECISION : Appeal dismissed with costs.

CATCHWORDS : Trial Judge's findings of fact - review by appellate Court - competing accounts of incident. Perth Freightlines Pty Limited ACN 005 762 685 PARTIES : v Peter Chapman FILE NUMBER(S) : CA 40423 of 2002 COUNSEL : A: J D Hislop QC & J Sharpe R: K P Rewell SC & J Gracie SOLICITORS : A: PricewaterhouseCoopers Legal R: Firths Solicitors

LOWER COURT District Court JURISDICTION : LOWER COURT 10483 of 2001 FILE NUMBER(S) : LOWER COURT Andrew J JUDICIAL OFFICER :

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40423 of 2002

MEAGHER JA BEAZLEY JA CRIPPS AJA

Wednesday, 5 March 2003 PERTH FREIGHTLINES PTY LIMITED v CHAPMAN FACTS

The respondent operated an interstate truck driving business. He contracted with the appellant company to deliver a truckload of freight to the appellant's depot in Perth. The respondent was assisted in the unloading of freight from his truck by an employee of the appellant.

In order to unload some cartons from his truck, the respondent stood on a crate, upon which rested a carton that he straddled with his legs. The respondent alleged that, while reaching up to obtain a carton above head-height, the appellant's employee removed the carton (which rested on the crate) from between the respondent's legs. This action caused the respondent's right leg to be moved, and as a consequence, caused him to miss his footing on the crate and fall off the truck onto the ground below.