Charter Hall Real Estate Management Services (NSW) Pty Limited v State of New South Wales [2020] NSWCA 26

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Charter Hall Real Estate Management Services (NSW) Pty Limited v State of New South Wales [2020] NSWCA 26 Hearing dates: 15 October 2019 Decision date: 25 February 2020 Before: Macfarlan JA at [1]; White JA at [2]; Simpson AJA at [90] Decision: Appeal dismissed with costs. Catchwords: WORKERS COMPENSATION – s 151Z Workers Compensation Act 1987- recovery action – whether occupier liable to indemnify employer for workers compensation payments as tortfeasor who, if sued by the worker for negligence, would have been liable to pay damages to the worker

TORTS — negligence — Civil Liability Act 2002 –foreseeability of risk – whether occupier had actual knowledge of a risk when risk was earlier reported to person whose employment was taken over by occupier – knowledge of the employee imputed to the occupier

TORTS — negligence — Civil Liability Act 2002 –whether obviousness of the risk ought to have led to conclusion risk was insignificant – risk not obvious – risk not insignificant

TORTS — negligence — whether employer breached duty of care owed to worker – employer not negligent

TORTS — negligence — contributory negligence – whether contributorily negligent in knocking a locking bar when descending a ladder that falls and injures the worker – no contributory negligence as mere accidental inadvertence Legislation Cited: Civil Liability Act 2002, ss 5B, 5C Fire Brigades Act 1989 (NSW), s 69 Occupation Health and Safety Act 2000 (NSW), s 10 Workers Compensation Act 1987 (NSW), s 151Z Cases Cited: Argo Managing Agency Ltd v Al Kammessy [2018] NSWCA 176 Australian Safeway Stores Pty Ltd v Zaluzna (1987) 162 CLR 479; [1987] HCA 7 Australian Winch & Haulage Co Pty Ltd v Collins [2013] NSWCA 327 Bruce v Apex Software Pty Ltd t/as Lark Ellen Aged Care [2018] NSWCA 330 Currie v Dempsey (1967) 69 SR (NSW) 116 Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 Podrebersek v Australian Iron and Steel Pty Ltd [1985] HCA 34; (1985) 59 ALJR 492 Rail Corporation New South Wales v Donald; Staff Innovations Pty Ltd t/as Bamford Family Trust [2018] NSWCA 82 Roads and Traffic Authority (NSW) v Dederer (2007) 234 CLR 330; [2007] HCA 42 South Sydney Junior Rugby League Club Ltd v Gazis [2016] NSWCA 8 Strong v Woolworths Limited (2012) 246 CLR 182; [2012] HCA 5 at [34] Category: Principal judgment Parties: Charter Hall Real Estate Management Services (NSW) Pty Limited (Appellant) State of New South Wales (Respondent) Representation: Counsel: N Polin SC (Appellant) D Stanton with E O'Neill (Respondent)