Jurox Pty Ltd v Fullick [2016] NSWCA 180

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Jurox Pty Ltd v Fullick [2016] NSWCA 180 Hearing dates: 28 October 2015 Decision date: 29 July 2016 Before: Leeming JA at [1]; Simpson JA at [22]; Rothman J at [120] Decision: (1) Appeal dismissed;

(2) Appellant to pay the respondent's costs of the appeal. Catchwords: TORTS – negligence – personal injury – respondent injured while working at premises occupied by appellant and at direction of appellant – respondent not employed by appellant – system of work not unsafe – failure by respondent to work in accordance with system as designed – failure of appellant to supervise implementation of system – breach of duty – whether primary judge failed to make findings of fact regarding appellant's breach of duty – Supreme Court Act 1970 (NSW), s 75A(6) – inadequacy of supervision – no formalised system of supervision

TORTS – negligence – causation – Civil Liability Act 2002 (NSW), s 5D – risk of harm to respondent from lifting bags of dextrose was foreseeable and not insignificant – harm could have been avoided through adequate supervision

TORTS – negligence – contributory negligence – failure of primary judge to address plea of contributory negligence – power of Court of Appeal to determine plea of contributory negligence – Najdovski v Crnojlovic [2008] NSWCA 175; 72 NSWLR 728 – respondent not liable in contributory negligence

WORKERS COMPENSATION – joint tortfeasors – Workers Compensation Act 1987 (NSW), s 151Z(2) – whether s 151Z(2) applied – respondent's employer not a joint tortfeasor – appellant not entitled to reduction under s 151Z(2)(c) – appeal against liability dismissed