TVH Australasia Pty Ltd v Chaseling [2012] NSWCA 149

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: TVH Australasia Pty Ltd v Chaseling [2012] NSWCA 149 Hearing dates: 9 March 2012 Decision date: 22 May 2012 Before: Bathurst CJ at 1; Basten JA at 2; Whealy JA at 36 Decision: Appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: TORT - negligence - risk of harm - whether defendant knew or ought reasonably to have known of the risk - whether defendant should have warned plaintiff as to the known risk

TORT - negligence - motor vehicle accident - whether fault of owner or driver of vehicle was "in the use or operation of the vehicle" - inexperienced forklift driver failed to spread the tines of the forklift - discussion of Allianz Australia Insurance Ltd v GSF Australia Pty Ltd [2005] HCA 26; 221 CLR 568; Zurich Australian Insurance Ltd v CSR Ltd [2001] NSWCA 261; 52 NSWLR 193; Nominal Defendant v GLG Australia Pty Ltd [2006] HCA 11; 228 CLR 529 Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), s 3 Workers Compensation Act 1987 (NSW), s 4 Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 250 Cases Cited: Allianz Australia Insurance Ltd v GSF Australia Pty Ltd [2005] HCA 26; 221 CLR 568 Izzard v Dunbier Marine Products (NSW) Pty Ltd [2012] NSWCA 132 Nominal Defendant v GLG Australia Pty Ltd [2006] HCA 11; 228 CLR 529 Zurich Australian Insurance Ltd v CSR Ltd [2001] NSWCA 261; 52 NSWLR 193 Category: Principal judgment Parties: TVH Australasia Pty Ltd (Appellant) Paul Chaseling (Respondent) Representation: Counsel: