Broadspectrum (Australia) Pty Ltd v Farmer [2024] NSWCA 81

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Broadspectrum (Australia) Pty Ltd v Farmer [2024] NSWCA 81 Hearing dates: 5 April 2024 Date of orders: 17 April 2024 Decision date: 17 April 2024 Before: Mitchelmore JA at [1]; Basten AJA at [2]; Griffiths AJA at [13] Decision: The appeal is dismissed, with costs. Catchwords: NEGLIGENCE — Personal injuries — where the plaintiff tripped and fell down a flight of stairs in the Republic of Nauru — law of Nauru applies, which is broadly similar to common law — where the height of an exposed metal lip on an aluminium frame attached to the edge of the top stair from which the plaintiff fell was subject to different measurements by a lay person (6.25mm) and two experts (2 to 2.5mm) — whether the primary judge erred in finding the height was 6.25mm and not 2 to 2.5mm — whether any error was material NEGLIGENCE — Causation — Factual causation — whether the primary judge erred in finding that the lip which had a missing yellow non-slip strip caused the plaintiff's fall when his boot caught on it NEGLIGENCE — Breach — Foreseeability of risk — Standard of care — whether the absence of a "non-slip" strip from the stair frame was obvious and reasonable precautions were required to be taken to address the risk of harm Legislation Cited: Civil Liability Act 2002 (NSW) Custom and Adopted Laws Act 1971 (RoN), s 4 Law Reform (Contributory Negligence) Act 1945 (UK) Law Reform (Miscellaneous Provisions) Act 1965 (NSW) Workers Compensation Act 1987 (NSW), s 9AA Return to Work Act 2014 (SA), s 10 Workers' Compensation and Rehabilitation Act 2003 (Qld), s 113 Uniform Civil Procedure Rules 2005 (NSW), r 51.36(2) Cases Cited: Helton v Allen (1940) 63 CLR 691 at 712; [1940] HCA 20 Regie Nationale des Usines Renault SA v Zhang (2002) 210 CLR 491; [2002] HCA 10 Sun v Chapman [2022] NSWCA 132 Warren v Coombes (1979) 142 CLR 531; [1979] HCA 9 Category: Principal judgment Parties: Broadspectrum (Australia) Pty Ltd ABN 11 093 114 553 (First Appellant) Wilson Security Pty Ltd (Second Appellant)