Hawkins v Ross Human Directions Ltd [2015] NSWCA 265

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hawkins v Ross Human Directions Ltd [2015] NSWCA 265 Hearing dates: 19 August 2015 Decision date: 08 September 2015 Before: Gleeson JA at [1]; Leeming JA at [2]; Beech-Jones J at [45] Decision: Appeal dismissed, with costs. Catchwords: TORTS – negligence – employee injured back while lifting boxes at work – where system of work involved employee lifting boxes weighing up to 9.8 kg – employee injured when lifting box weighing no more than 7 kg – claim against employer dismissed – no error by primary judge in failing to deal with evidence that employee was lifting and twisting – primary judge relied upon actual weight of box lifted to find no breach of duty – respondent conceded error – error led to aspects of employee's claim not being addressed – whether substantial miscarriage of justice – experts not cross-examined at trial – assumptions of employee's expert not supported by evidence – other expert evidence failed to establish breach – appeal dismissed Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 51.53 Cases Cited: Allesch v Maunz [2000] HCA 40; 203 CLR 172 Boral Resources (NSW) Pty Ltd v Gangi [2014] NSWCA 287 Czatyrko v Edith Cowan University [2005] HCA 14; 79 ALJR 839 Mulder v Director of Public Prosecutions (Cth) [2015] NSWCA 92 Transpacific Industrial Solutions Pty Ltd v Phelps [2013] NSWCA 31 Category: Principal judgment Parties: Sarah Hawkins (Appellant) Ross Human Directions Ltd (Respondent) Representation: Counsel: BG McManamey (Appellant) D Hooke SC, P O'Connor (Respondent)