Gray v Coles Supermarkets Australia Pty Ltd; Coles Supermarkets Australia Pty Ltd v Chandler Macleod Group Ltd

[2020] NSWCA 209

NSW Court of Appeal

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Interrogate

Catchwords

1. Torts
2. › Negligence
3. › Causation
4. › Factual causation under Civil Liability Act 2002 (NSW)
5. › Whether reasonable precautions postulated by plaintiff would have avoided risk of harm
6. › Burden on plaintiff to prove what precautions should have been taken
7. › Civil Liability Act 2002 (NSW), ss 5B, 5C, 5D
1. Torts
2. › Negligence
3. › Breach of duty
4. › Reasonable precautions
5. › Burden of taking precautions to avoid risk of harm
6. › Whether pallet-turning, provision of pick sticks, or additional training were reasonable precautions
7. › Civil Liability Act 2002 (NSW), ss 5B, 5C
1. Contract
2. › Construction
3. › Labour-hire agreement
4. › Whether labour-hire company responsible for manner in which supplied workers performed work under host's direction
5. › Whether breach of host's on-site procedures by worker constituted breach of agreement by labour-hire company
6. › Significance of definition of 'Services' excluding responsibility for work done by supplied labour
1. Contract
2. › Construction
3. › Indemnity clause
4. › Whether costs incurred defending worker's claim were 'directly in connection with' labour-hire company's breach
5. › Whether indemnity clause engaged where no breach established

Quick Take

Practitioners advising on labour-hire agreements should note that a definition of 'Services' which expressly excludes the service provider's responsibility for work done by supplied labour will prevent the host from claiming indemnity for breaches of the host's own on-site procedures by supplied workers.