Coronial
NSWother

Coroner's Finding: Thomas Hwee Sen Lee

Deceased

Thomas Hwee Sen Lee

Demographics

male

Date of death

2006-03-05

Finding date

2009-01-19

Cause of death

Multiple injuries occasioned when his motor vehicle fell from the second level of the Carlton Crest car park in Thomas St, Haymarket

AI-generated summary

Thomas Lee died from multiple injuries when his Toyota Camry fell nine metres from the second level of Sydney's Carlton Crest car park (Haymarket) after striking and passing through a defective wheel stop and steel safety railing. Structural investigation revealed the car park, designed in 1986 to Australian Standard AS1170.1-1981, had not been properly maintained—dowel fixings securing wheel stops were missing or unserviceable, and concrete grouting beneath steel barrier baseplates was absent or degraded. The coroner found that AS1170.1-1981 had been systematically misinterpreted by planners and engineers as permitting wheel stops to serve as primary vehicle impact barriers rather than secondary protective devices. The coroner characterised this as 'an accident waiting to happen,' not a freak occurrence. Key recommendations included immediate upgrades to current standards, legislative clarification of the 1981 standard's intent, mandatory annual structural engineer certification for pre-1989 car parks, and council notification to car park owners of design flaws and liability risks.

AI-generated summary and tagging — may contain inaccuracies; refer to original finding for legal purposes.

Error types

system

Contributing factors

  • Defective wheel stop not properly fixed or maintained
  • Missing or unserviceable dowel fixings securing wheel stops
  • Absent or degraded concrete grouting beneath steel barrier baseplates
  • Misinterpretation of AS1170.1-1981 allowing wheel stops as primary vehicle barriers instead of secondary protection
  • Inadequate structural maintenance and inspection regime
  • Steel railing insufficient to meet vehicle impact standards
  • Reliance on inadequate wheel stops as primary safety device

Coroner's recommendations

  1. Mirvac to upgrade vehicle and pedestrian safety barriers to comply with current Australian Standard as a matter of urgency
  2. Mirvac to check all wheel stops and external railings and undertake necessary repairs, particularly checking dowels for missing or unserviceable condition
  3. Mirvac to implement monthly checks by qualified structural engineer of wheel stops and railings until upgraded to current standards
  4. Sydney City Council to amend s.121B Notice of Intention to require upgrade to current Australian Standard rather than AS1170.1-1981
  5. Sydney City Council to require future s.121B orders to comply with current Australian Standard, not AS1170.1-1981
  6. Sydney City Council to notify all car park owners of the flaw discovered in AS1170.1-1981 and risks of relying on wheel stops as primary barriers, suggesting owners obtain legal advice on liability
  7. Sydney City Council to build database of car parks built to 1981 or earlier standards in its local government area
  8. Sydney City Council to conduct random audits of above-ground car parks if empowered by statute or regulation
  9. State Ministers for Local Government and Planning to require all multi-storey above-ground car parks built before 1989 to upgrade barriers to current Australian Standard
  10. State Ministers to ensure councils have powers to conduct audits of car parks built before 1989
  11. State Ministers to institute annual 'green slip'-type structural engineer inspection system for car park owners
  12. State Ministers to amend planning legislation to prevent Note to [3.3] of AS1170.1-1981 being construed as authorising reduction in safety standards
  13. State Ministers to direct councils to notify all car park owners of the flaw in AS1170.1-1981 and suggest owners obtain legal advice on liability
  14. Standards Association of Australia to issue advisory letter that AS1170.1-1981 Note should not be interpreted as allowing wheel stops to substitute for required barriers
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