ATN #418

NEWS
Inside the Industry
TRIO IN $465,000 INJURY PAYOUT
The Supreme Court of Victoria highlights the safety shortcomings of three transport entities that
must share damages of $465,000 over a truck driver unloading injury in 2015
Klosed Pty Ltd, TNT Australia Pty Ltd and
Redstar Transport Operations Pty Ltd
(in liquidation) were all found partially
accountable for their roles in driver Anthony
Paul Muller’s ongoing pain and suffering
caused by an incident in Caringbah, NSW
while moving a steel gate to prepare for
unloading by a forklift driver.
The Wangaratta Common Law Division
heard Muller’s work involved driving a
prime mover, owned by Klosed, towing two
tautliner trailers belonging to TNT.
The latter was also responsible for the
delivery of freight transported by Muller,
though it engaged Redstar to inspect,
service and repair the trailers.
Muller was required to move large steel
gates on the side of each trailer, which he
struggled to roll along the tracks on the
front passenger side gate of one trailer.
In March 2015, the attaching bolt
fractured and the gate fell and injured him.
Muller alleged negligence by each of the
three defendants.
Judge Andrew Keogh accepted evidence
that the condition of the track was
longstanding.
In outlining TNT’s liability, Keogh
explained that, while it contracted the
servicing and repair of the trailers, it did not
simply rely on Redstar for trailer safety as it
employed qualified mechanics to manage
maintenance and repair.
"The persistent difficulty with movement
of the gate should have been reported by
TNT workers, leading to investigation of
the problem and necessary repairs being
performed," Keogh said.
On Redstar, which was also responsible
for safety inspections and maintenance,
Keogh identified two key shortcomings.
"First, a safety inspection simply involved
moving the rollers back and forth with
the gate still in position . . . this meant
movement of the rollers was only checked
over a relatively small part of the track, and
not under weight.
"Second, at least some inspections were
by torchlight, either because they were
conducted at night, or inside the trailer with
the curtains closed.
"These deficiencies probably explain
why it was that the very regular safety
inspections by Redstar did not lead to
discovery of the obvious difficulties moving
the gate on the A trailer, and the developing
wear on the bolt."
"I conclude there was negligence by
Redstar which was a cause of the incident
and injury to Mr Muller."
Judge Keogh reserved some criticism for
Klosed, after Muller noted he would have
simply been told to ‘tell TNT’ of any issues
raised with his employer.
A "reasonable employer" in Klosed’s
position should have been aware that
"Muller experienced difficulty with the gate
sticking and requiring force to move it for
the whole period of his employment up to
the date of the incident", Judge Keogh said,
and that the problem had not been resolved.
However, within context, Klosed "did not
control the trailer or the premises from
which TNT operated and was not directly
Jail and suspension for former industry high-flyer
Former director of Crane Trucks R Us, Farmouz
Farhaad Mohammed, is disqualified from
managing corporations until 2026 after
his recent jailing for fraud, the Australian
Securities and Investments Commission
(ASIC) reported.
Also known as Fred Mohammed, the
Queensland-based company director was
found guilty and convicted of three counts of
dishonestly causing detriment to Crane Trucks
R Us (ACN 128 496 597).
An ASIC investigation found that, in
August 2015, on three separate occasions,
Mohammed dishonestly withdrew a total of
$256,000 from the company account about 10
weeks before it was placed in liquidation and
was most likely insolvent.
At the time of its liquidation, the company
had total liabilities of $6,266,394.69 owed to
198 creditors.
Mohammed appeared in the Queensland
District Court in June, was found guilty and
sentenced to two years and six months
imprisonment on count one and 12 months
responsible for developing or implementing
systems of work relating to the use of the
trailers", reducing its overall liability.
The final damages included $275,000
for pain and suffering and $190,000 for
economic loss, with TNT and Redstar both
apportioned 45% and Klosed 10% of the
total sum.
imprisonment each on counts two and three,
to be served concurrently.
"Judge Lynch ordered that the term of
imprisonment be suspended after serving six
months, with a three-year operational period
commencing on 11 June 2021, during which
time Mr Mohammed must not commit another
offence punishable by imprisonment," ASIC
explained.
Mohammed projected a high profile
within the T&L sector, with his social media
presence spruiking his 2014 Australian Freight
Industry Young Achiever and 2015 Australian
Entrepreneur Of Year awards.
He is also listed as operating another
entity, Tranz Logistics, which was an
Australian Financial Review (AFR) ‘Fast
Starter’ in 2020 with a reported revenue of
$3.9 million in FY19, a rise of 28 per cent on
the previous year.
However, as a consequence of his
conviction, Mohammed is automatically
disqualified from managing corporations
until June 10, 2026.
10 ATN July 2021 FULLYLOADED.COM.AU