Our client, a Queensland joinery business, bought a specialist second-hand edgebanding machine. It was the only one of its kind in Australia.
The seller engaged a crane and transport company to deliver it.
During the delivery, the 2.5-tonne machine toppled onto its side. The delivery crew dragged it with a forklift, loaded it back onto their truck and left. The machine was damaged beyond economic repair. ezylegal sued the crane company in the District Court of Queensland, and the claim settled at mediation.
At a glance
- Problem: A transport company’s crew tipped over and badly damaged a business’s specialist machine while unloading it.
- Claim against: The crane and transport company that delivered the machine.
- Legal basis: Negligence. The crew breached its duty of care by using unsuitable equipment and failing to secure the load.
- Result: A negotiated settlement at mediation, after the crane company’s earlier offers were rejected.
A delivery gone wrong
The crew arrived with a truck-mounted crane. They lowered one end of the machine onto moving skates and the other onto a plank of timber, then used a forklift to push it into the workshop.
Part-way in, our client’s director noticed one of the skates had shifted. The crew checked it, said it was fine, and kept pushing. With the machine almost all the way inside, it toppled onto its side.
Instead of stopping, the crew dragged the machine with the forklift, lifted it back onto their truck and drove away.
Proving the damage
The machine’s frame was bent, its guarding and panels were damaged, the doors no longer worked, and the on-board computer was dead.
ezylegal gathered the evidence to prove both what happened and what it cost:
- The incident: witness statements, and photos of the machine where it fell.
- The damage: an inspection report from the machine’s manufacturer, and an independent valuation report.
- The cost: confirmation that repairs would cost more than the machine was worth, and a quote for a replacement.
- The lost income: a calculation of lost income from the business’s accountant.
Taking it to court
ezylegal filed a claim in the District Court of Queensland. The crane company defended it, disputing both whether it was at fault and how much the damage was worth.
Before the case was filed, the crane company had made a cash offer. After it was filed, it made a formal offer. ezylegal rejected both, made formal counter-offers, and briefed a barrister for mediation.
The outcome
With the evidence in front of a mediator, the crane company agreed to settle. The court case was then discontinued.
Who pays if a delivery company damages my equipment?
Usually the delivery company, if its crew didn’t take reasonable care. That can include using the wrong equipment or not securing the load.
Check the carrier’s terms and conditions, because they may try to limit what they’ll pay. Even so, a carrier can still be liable in negligence for careless handling. Strong evidence makes the difference: photos taken straight away, witness accounts, a manufacturer’s inspection and an independent valuation.
If you’re facing something similar
If a delivery or crane company has damaged your machinery or equipment:
- photograph everything straight away, including the equipment where it ended up
- write down what happened and who was there, while it’s fresh
- get a manufacturer’s or independent inspection report
- get a valuation and repair or replacement quotes
- keep records of income lost while you were without the equipment
Get advice early, because time limits apply. Read more about debt and contract disputes.
ezylegal operates on a no-win, no-fee* basis across consumer, commercial and insurance disputes, so you’re not weighing the cost of a lawyer against the cost of walking away.