ERWIN v IVECO TRUCKS AUSTRALIA LTD [2010] NSWCA 113

Reported Decision: 267 ALR 752239 FLR 198[2010] ALMD 6787[2010] ALMD 6779

New South Wales Court of Appeal

CITATION: ERWIN v IVECO TRUCKS AUSTRALIA LTD [2010] NSWCA 113 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 23 March 2010

JUDGMENT DATE: 18 May 2010

JUDGMENT OF: Basten JA at 1; Campbell JA at 5; Sackville AJA at 12

DECISION: (1) Appeal dismissed. (2) The appellant pay the respondent's costs of the appeal

CATCHWORDS: NEGLIGENCE—collision between car driven by plaintiff and semi-trailer driven by appellant—semi-trailer manufactured by respondent 13 years earlier—collision caused by failure of semi-trailer's steering mechanism—appellant found liable to plaintiff by reason of negligent failure to maintain the steering mechanism—appellant cross-claims for contribution from respondent on ground that the steering pinch bolt mechanism had a faulty design—whether evidence showed design conformed to industry norm—whether breach of duty established because respondent did not incorporate fail-safe mechanism in design—whether risk of failure was insignificant—whether a reasonable manufacturer would have incorporated additional safety features - TRADE PRACTICES—appellant cross-claims on ground that semi-trailer when manufactured had a defect within the meaning of s75AE(1) of the Trade Practices Act 1974 (Cth)—whether s75AE(1) is intended to create a right of indemnity in a party whose negligence caused injuries to an individual against a manufacturer whose defective goods have also caused the same injuries—whether semi-trailer had a defect

Trade Practices Act 1974 (Cth), ss 52, 75AC, 75AD, 75AE, 75AI, 75AK, 75AN, 75AO, 75AR, 82; Pt VA Trade Practices Amendment Act 1992 (Cth) LEGISLATION CITED: Civil Liability Act 2002 (NSW), ss 5B, 5C Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 5 Supreme Court Act 1970 (NSW), s 75A Uniform Civil Procedure Rules 2005 (NSW), rr 14.7, 14.14