Williams v Metcash Trading Ltd [2019] NSWCA 94

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Williams v Metcash Trading Ltd [2019] NSWCA 94 Hearing dates: 21 June 2018 Decision date: 03 May 2019 Before: Meagher JA at [1]; White JA at [2]; Simpson AJA at [149] Decision: (1) Appeal allowed. (2) Cross-appeal dismissed. (3) Set aside orders 1 and 2 made in the District Court on 23 June 2017. (4) In lieu thereof direct entry of judgment for the plaintiff in an amount to be calculated in accordance with the reasons of the primary judge and with these reasons, such judgment to take effect from 23 June 2017. (5) Direct that within 21 days the parties provide to White JA's Associate either an agreed calculation of the amount for which judgment should be entered, or, in the absence of agreement, each party's calculation of the amount for which judgment should be entered and a short submission of no more than five pages identifying areas of disagreement and setting out each party's contentions in relation to matters on which agreement has not been reached. (6) Order that the respondent pay the appellant's costs of the proceedings below and of the appeal and cross-appeal. Catchwords: TORTS – Negligence – Appellant employed as picker packer at product distribution centre – Whether primary judge erred in finding that host employer breached duty of care to appellant by requiring him to pick heavy cartons stored at low height – Whether breach of duty causative of appellant's harm – Whether error in finding of contributory negligence in circumstances where worker required to adopt system of work – Whether primary judge erred in accepting evidence that appellant's pain syndrome was caused by physical injury – Appeal allowed Legislation Cited: Civil Liability Act 2002 (NSW), ss 5B, 5C, 5D, 5E, 5R, 31, 32, 33 Workers Compensation Act 1987 (NSW), ss 151G, 151Z