Brewster v Rethmann Australia Environmental Services Pty Limited [2004] NSWCA 96

New South Wales Court of Appeal

CITATION : Brewster v Rethmann Australia Environmental Services Pty Limited [2004] NSWCA 96 HEARING DATE(S) : 23/03/04 JUDGMENT DATE : 23 March 2004

JUDGMENT OF : Mason P at 27 & 29; Handley JA at 28; Ipp JA at 1 DECISION : (1) Appeal allowed (2) In the proceedings relating to the accident on 8 August 2000, set aside the verdict for the defendant. In lieu thereof enter a verdict for the plaintiff in the sum of $549,146, being $610,162 subject to a 10 per cent deduction for contributory negligence, such verdict taking effect from 20 May 2003 (3) Defendant to pay plaintiff's costs of proceedings in the District Court (4) Respondent to pay appellant's costs of appeal and to have a certificate under the Suitors' Fund Act if qualified.

CATCHWORDS : NEGLIGENCE - Personal injury - Plaintiff injured during accident in course of employment - Whether employer vicariously liable - Whether employer breached a non-delegable duty of care to provide a safe system of work - Whether employee was contributorily negligent. ND PARTIES : Robert Michael Brewster (Appellant) Rethmann Australia Environmental Services Pty Limited (Respondent) FILE NUMBER(S) : CA 40487/03 COUNSEL : P Semmler QC/I Roche (Appellant) H N Kelly SC (Respondent) SOLICITORS : R J Rimes (Appellant) Cutler Hughes & Harris (Respondent)

LOWER COURT District Court JURISDICTION : LOWER COURT DC 2480/02 FILE NUMBER(S) : LOWER COURT Garling DCJ JUDICIAL OFFICER :

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40487/03 DC 2480/02