BlueScope Steel Ltd v Cartwright [2015] NSWCA 25

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: BlueScope Steel Ltd v Cartwright [2015] NSWCA 25 Hearing dates: 18 June, 19 June, 29 July 2014 Date of orders: 23 February 2015 Decision date: 23 February 2015 Before: Beazley P at [1]; Ward JA at [5]; Emmett JA at [6] Decision: (1) If any party wishes to make any submissions as to costs contrary to the orders proposed in [132]-[134] of these reasons: (a) such submissions be filed and served within seven days; and (b) submissions in response by any party affected by the orders proposed in the submissions as to costs be filed and served within fourteen days.

(2) If no submissions as to costs are filed, the appellant bring in short minutes to give effect to these reasons within fourteen days. Catchwords: TORTS – negligence – scope and breach of duty – motor vehicle accident – the first respondent was driving a prime mover with trailer attached, on which was a container loaded with heavy coils – the appellant manufactured the coils and produced guidelines for their secure loading by the second respondent – the appellant began manufacturing coils with an extra timber runner, which affected their method of secure loading, without informing the second respondent – whether the appellant breached its duty to the first respondent

TORTS – negligence – causation – whether the accident was caused by the excessive speed of the first respondent – whether the primary judge erred in failing to make a finding as to the speed at which the vehicle was travelling at the time of the accident Legislation Cited: Civil Liability Act 2002 (NSW), ss 5B, 5D Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 6 Workers Compensation Act 1987 (NSW) Cases Cited: Kilgannon v Sharpe Ross Pty Ltd (1986) 4 NSWLR 600 Leighton Contractors Pty Ltd v Fox [2009] HCA 25; 240 CLR 1 Stevens v Brodribb Sawmilling Co Pty Ltd [1986] HCA 1; 160 CLR 16 Thompson v Woolworths (Qld) Pty Ltd [2005] HCA 9; 221 CLR 234 Category: Principal judgment Parties: BlueScope Steel Ltd (Appellant) Sydney Cartwright (First Respondent) Workers Compensation Nominal Insurer (Second Respondent) Representation: Counsel: G Curtin SC with D Talintyre (Appellant) B Dooley SC with O Dinkha (First Respondent) J Dodd (Second Respondent)