NSW Caselaw
New South Wales Court of Appeal
CITATION: Coastwide Fabrication & Erection Pty Ltd v Honeysett [2009] NSWCA 134
HEARING DATE(S): 19 May 2009
JUDGMENT DATE: 12 June 2009
JUDGMENT OF: Ipp JA at 1; Young JA at 2; McDougall J at 3
DECISION: See paragraphs [128] to [130] of the judgment.
CATCHWORDS: TORTS - negligence - duty of care - whether employer breached duty of care to employee - causation - whether causal link shown between breach of duty and injury - matter of inference - distinction between inference and speculation.
Civil Liability Act 2002 LEGISLATION CITED: Evidence Act 1995 Law Reform (Miscellaneous Provisions) Act 1946
CATEGORY: Principal judgment
Caswell v Powell Duffryn Associated Collieries Ltd [1940] AC 152 Chappel v Hart (1998) 195 CLR 232 Flounders v Millar [2007] NSWCA 238 CASES CITED: Jones v Great Western Railway Co (1930) 144 LT 194 Nguyen v Cosmopolitan Homes [2008] NSWCA 246 Ruddock v Taylor (2003) 58 NSWLR 269 Seltsam Pty Ltd v McGuiness (2000) 49 NSWLR 262
Coastwide Fabrication and Erection Pty Ltd (Appellant) PARTIES: Allan James Honeysett (First Respondent) Blue Circle Southern Cement Limited (Second Respondent)
FILE NUMBER(S): CA 40260/08
J E Maconachie QC / J B Turnbull (Appellant) COUNSEL: G F Little SC / A Giurtalis (First Respondent) N J Polin (Second Respondent)
McCabe Terrill Lawyers (Appellant) SOLICITORS: Russell McLelland Brown Lawyers (First Respondent) Griffin Hilditch Lawyers (Second Respondent)
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