Jamie Leigh White v Logen Pty Ltd as trustee for the Byrn Family Trust [2014] NSWCA 159

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Jamie Leigh White v Logen Pty Ltd as trustee for the Byrn Family Trust [2014] NSWCA 159 Hearing dates: 31 March 2014 Decision date: 22 May 2014 Before: Macfarlan JA at [1]; Ward JA at [2]; Sackville AJA at [80] Decision: Appeal dismissed with costs [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: EVIDENCE - witnesses - whether primary judge erred in giving little or no weight to expert evidence on the basis that the scientific or intellectual basis for the expert's conclusions was not established and/or the opinion was equivocal

TORTS - negligence - proof of negligence - sufficiency of evidence - whether primary judge erred in failing to make findings as to system of work devised by the employer and whether it was a safe system of work - whether appellant's evidence and/or materials annexed to expert's report established failure of employer to devise and implement safe system of work Legislation Cited: Civil Procedure Act 2005 Occupational Health and Safety Regulation 2001 Uniform Civil Procedure Rules 2005 Workers Compensation Act 1987 Cases Cited: Dasreef Pty Ltd v Hawchar [2011] HCA 21; (2011) 243 CLR 588 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; (2001) 52 NSWLR 705 Category: Principal judgment Parties: Jamie Leigh White (Appellant) Logen Pty Ltd (Respondent) Representation: Counsel: T Molomby SC with Ms L Goodchild (Appellant) P Morris SC with J Catsanos (Respondent) Solicitors: Brydens Compensation Lawyers (Appellant) Moray & Agnew (Respondent) File Number(s): CA 2013/75232 Publication restriction: Nil Decision under appeal Date of Decision: 2013-02-12 00:00:00 Before: Balla DCJ File Number(s): 2012/75970