NSW Caselaw
New South Wales Supreme Court
CITATION : Mackie v Central Coast Leagues Club Limited [2010] NSWSC 960
HEARING DATE(S) : 17, 18, 19, 20, 21, 24, 25, 26, 27, 28 May, 1, 2, 4, 7 June 2010
JUDGMENT DATE : 1 September 2010
JUDGMENT OF : Smart AJ
DECISION : Verdict for the defendant on all counts
CATCHWORDS : COMMON LAW - Plaintiff seriously injured when ladder of Club's Tallescope tilts and he is thrown head first onto thrust stage - Plaintiff former employee of defendant with much experience as light and sound operative in safely operating Tallescope while adjusting lighting on lighting bar immediately below ceiling of auditorium - engaged as independent contractor but envisaged by defendant that plaintiff would use Tallescope - probable cause of accident that locking mechanisms not secured before plaintiff climbed ladder - Tallescope contains warnings that before climbing the locks shoud be secured - ladder top-heavy because of attached workbox - no negligence by defendant nor breach of implied term of contract - statutory counts under former Factories, Shops and Industries Act 1962 and former Construction Safety Act 1912 and Regulations 1950 inapplicable.
Construction Safety Act 1912 Construction Safety Regulations 1950 LEGISLATION CITED : Factories, Shops and Industry Act 1962 Occupation Health and Safety Act 1983 Scaffolding and Lifts Act 1912
CATEGORY : Principal judgment
CASES CITED : Stevens v Brodribb Saw Milling Co Pty Ltd [1986] HCA 1; (1986) 160 CLR 16 Van Der Sluice v Display Craft Pty Ltd [2002] NSWCA 204
PARTIES : David Mackie (Plaintiff) Central Coast Leagues Club Limited (Defendant)
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