BARRETT v DUBBO CITY COUNCIL [2006] NSWCA 65

New South Wales Court of Appeal

CITATION: BARRETT v DUBBO CITY COUNCIL [2006] NSWCA 65

HEARING DATE(S): 12/12/2005

JUDGMENT DATE: 5 April 2006

JUDGMENT OF: Handley JA at 1; Ipp JA at 2; Bryson JA at 3

DECISION: Appeal dismissed with costs.

CATCHWORDS: NEGLIGENCE - occupiers liability - cattle saleyards - Dubbo SC provided use of saleyards in commercial venture - appellant, local manager of pastoral house, worked with other employees drafting cattle along laneway into pens - one beast ran down laneway past pen to which employee attempted to direct it - appellant intervened to protect employee and attempted to direct beast into pen as beast returned up laneway, and beast ran against gate of pen while appellant was behind gate - gate struck appellant causing head injury - laneway not equipped with "interfering gates" meaning gates which extended across whole laneway and were held by opposite pen when fully opened, which would reduce risk to operator behind the gate - pens constructed in 1974 or 1975 without interfering gates - practice in new construction since about 1980 to design and instal interfering gates but use of non-interfering gates continued in saleyards already constructed - no practice of re-equipping existing saleyards - extensive evidence on practice in handling cattle, design and construction of yards pens and gates and safety considerations affecting design - on review of evidence, principally expert evidence on design and conduct of saleyards Studdert J found not negligent to continue to use existing equipment - on appeal, held that no error had been shown - appeal dismissed.

Ahluwalia v Robinson [2003] NSWCA 175 CASES CITED: Barrett v Dubbo City Council [2004] NSWSC 832 Jones v Bartlett (2000) 205 CLR 166