The recent WA District Court decision in Holden v Macmahon
Contractors Pty Ltd [2013] WADC 202 concerns the plaintiff, Mr
Holden (H), who suffered significant spinal injuries at the
Sinclair mine near Leonora, while working under the instruction of
Macmahon (M).
H was working on a truck when a strut holding up an awning-style
door gave way, causing the door to swing down and hit him in the
back of the head. At the time of the injury, the truck was leased
to M by a third party - Envirocoat (E).
M admitted liability and the parties agreed to damages in the
sum of $800,000 inclusive of workers' compensation and
interest. However, M commenced proceedings against E claiming
contribution pursuant to s.7(1)(c) of the Law Reform
(Contributory Negligence and Tortfeasors' Contribution) Act
1947 (the LR Act). M also claimed indemnity pursuant to a
contract between the two parties and damages for breach of
warranty.
