| Focus: |
Collins v Sydney Ports Corporation [2012] NSWSC 115 |
| Services: |
Insurance |
| Industry Focus: |
Insurance |
The Supreme Court of NSW considered the apportionment of
liability between an employer and an independent contractor where
the failure of a product caused a plaintiff serious injuries.
Facts
The plaintiff was employed by Sydney Ports Corporation
(Sydney Ports) as an engineer. From time to time
he was required to board vessels moored at the port in order to
perform his duties. The plaintiff boarded vessels via the emergency
response gangway which was stored vertically and lowered to a
horizontal position when being used for boarding.
The gangway was held in place by a D-shackle which was linked to
a 750kg counterweight. On 23 July 2001, the plaintiff was walking
across the gangway when the shackle fractured and the counterweight
was released. This caused the gangway to rotate suddenly to its
vertical position, violently propelling
