AFS Catering Pty Ltd v Stonehill [2005] NSWCA 183

New South Wales Court of Appeal

CITATION: AFS Catering Pty Ltd v Stonehill [2005] NSWCA 183

HEARING DATE(S): 15 November 2004

JUDGMENT DATE: 30 May 2005

JUDGMENT OF: Giles JA at 1; Ipp JA at 2; McColl JA at 3

DECISION: (1) Appeal allowed in part. (2) Judgment of the District Court as to damages set aside. (3) Appellant to pay 80% of the costs of the appeal. (4) The parties to bring in Short Minutes of Order within seven (7) days giving effect to these reasons and, in particular, calculating the amounts awarded in relation to future economic loss, lost superannuation and past and future domestic assistance.

CATCHWORDS: NEGLIGENCE - duty of care - employer and employee - where respondent slipped and was injured at work - duty to devise and provide a safe system of work - reasonable practicable alternate system - DAMAGES - calculation of future economic loss - clasification of the respondent as an "odd lot" - domestic assistance - future out of pocket expenses - CONTRIBUTORY NEGLIGENCE - where injured party's inadvertence leads to injury - LIABILITY - where respondent slipped and was injured at work - whether there was a failure to devise and to provide for a safe system of work - whether risk could be avoided by reasonable practicable measures - non-delegability of employer's common law duty of care - DAMAGES - calculation of future economic loss - significance of primary judge's classification of the respondent as an "odd lot" - calculation of domestic assistance - calculation of future out of pocket expenses - CONTRIBUTORY NEGLIGENCE - where injured party's mere inadvertence leads to injury (D)

Workers Compensation Act 1987 Workers Compensation Act 1998 LEGISLATION CITED: Workers Compensation Legislation Further Amendment Act 2001 Workplace Injury Management and Workers Compensation Act 1998