The recent case of Canny v Primepower Engineering Pty Ltd
and Allianz Australia Insurance Ltd [2015] WADC 81 is a
classic example of the operation of Murphy's Law, namely;
"anything that can possibly go wrong, does."
The facts are relatively simple. Friday 11 November 2011 was the
birthday of Primepower's managing director, Mr Peter Allan. It
was also Remembrance Day and, importantly, a workday. Mr Allan
decided to throw a birthday at Primepower's workplace. The
theme of the party was "Eleven." In line with the theme
he arranged for 11 kegs of beer ($3,000 worth) for staff to
consume. Given the theme it is perhaps not surprising the party
also started at 11:00 am. At about mid-day, Primepower's
apprentices decided to try to "seize" a disused diesel
engine (or to run it to the point of failure). Later that
afternoon, Mr Canny, a Primepower employee, decided to get
involved. He, along with others at the party had been drinking. At
about 7:00 pm a 20 litre jerry can of
