James Thane Pty Ltd v Conrad International Hotels Corporation [1999] QCA 516

NEGLIGENCE - APPORTIONMENT OF RESPONSIBILITY AND DAMAGES - evidence reasonably capable of supporting findings made by trial judge - trial judge had the advantage of hearing various witnesses - primary findings made by trial judge should stand.

NEGLIGENCE - APPORTIONMENT OF RESPONSIBILITY AND DAMAGES - whether 30/70 apportionment is sustainable - evidence established that the active negligence was on the part of Conrad and its employees - Thane negligent as it failed to ensure safety of all its employees pursuant to s 9(1) Workplace Health and Safety Act 1989 - whether Thane entitled to rely on Conrad's employees to ensure that lifting apparatus was safe - clear known dangers associated with the use of apparatus - Thane liable to some extent.

Law Reform Act 1995, s 6(c) and s 7.

Evans v Port of Brisbane Authority (1992) ATR 81-169 considered.

Higgins v William Inglis & Son Pty Ltd (1978) 1 NSWLR 649 considered.

Podresek v Australian & Steel Pty Ltd [1985] HCA 34; (1989) 59 ALJR 492, considered.

WORKERS' COMPENSATION - ENTITLEMENT TO AND LIABILITY FOR COMPENSATION - LIABILITY FOR INDEMNITY - whether Conrad is a principal within the meaning of s 47 Workers' Compensation Act 1990 - whether Conrad was only a party to the agreement as agent for Jupiters - whether Conrad personally liable on the contract - test is the objective intentions of the parties having regard to the nature and terms of contract and surrounding circumstances - Conrad undertook obligations of its own pursuant to the contract and also acquired rights - s 47 is not limited to indemnifying only one principal.

Bridges & Salmon Ltd v The "Swan"(Owner) [1968] 1 Ll LR 5, considered.

Clarke Equipment Credit of Aust Ltd v Klyose Holdings Pty Ltd (1989) 21 NSWLR 60, considered.

Smit International Singapore Pty Ltd v Kurnia Dewi shipping SA [1997] 1 Ll LR 552, considered.

WORKERS' COMPENSATION - ENTITLEMENT TO AND LIABILITY FOR COMPENSATION - PERSONS LIABLE TO PAY COMPENSATION - LIABILITY FOR INDEMNITY - whether Conrad entitled to an indemnity from Jupiters pursuant to the Management Agreement - for Conrad to lose its right of indemnification it must be shown that the direct gross negligence of Conrad caused the liability - vicarious liability not sufficient.

Mr P H Morrison QC with him Mr R Perry for the respondent