Court Upholds Exclusion Clause In Engineering Contract - Again

In The Thistle Company of Australia Pty Ltd v Bretz & Anor,^[1] a Queensland court again accepted the operation of an exclusion clause in a professional consultancy agreement.

The case concerned personal injuries suffered by the first respondent following a trip and fall at a service station in Bundaberg.  The first respondent tripped on a raised platform surrounding a petrol bowser.  The first respondent commenced proceedings against the owner and occupier of the service station, the appellant, for breach of duty.  The appellant joined as a third party the second respondent, the engineering firm which designed the service station including the raised platforms around the petrol bowsers.  The appellant alleged the second respondent's design was negligent and/or in breach of contract because the raised platform extended beyond the petrol bowser creating a tripping hazard.