Andar Transport Pty Ltd v Brambles Limited

Employer and employee – Duty of care by employer to employee – Common law duty – Safe system of work – Relevance of corporate structure – Where employee is director of employer – Where employee responsible for day-to-day operation of the company – Where employee injured due to unsafe system of work – Where employee in part responsible for devising system of work – Whether employer liable to employee for breach of duty committed by employee in his capacity as director of employer.

Employer and employee – Duty of care by employer to employee – Common law duty – Safe system of work – Meaning of "safe system of work" – Where existing system of work had been in place for many years – Whether employer took reasonable steps in ensuring that a safe system of work was created and maintained – Whether length of time in which system of work has been used is relevant in assessing whether system is safe.

Contract – Construction – Indemnity clauses – Whether principles governing construction of contracts of guarantee also govern the construction of contracts of indemnity – Whether indemnity clause to be construed in favour of the indemnifier.

Tort – Joint or several tortfeasors – Contribution between tortfeasors – Wrongs Act 1958 (Vic), ss 23B, 24(2) – Where appellant liable as employer – Where injured employee responsible for breach of duty by appellant – Where damages previously reduced to account for contributory negligence of employee – Whether previous apportionment based on contributory negligence relevant in assessing contribution under statute – Whether previous apportionment based on contributory negligence is ground for exemption from contribution under s 24(2).

Words and phrases – "safe system of work".

Wrongs Act 1958 (Vic) – ss 23B, 24(2).

Corporations Act 2001 (Cth) – s 124.