Marketform Managing Agency Ltd for and on behalf of the Underwriting Members of Syndicate 2468 for the 2009 Year of Account v Ashcroft Supa IGA Orange Pty Ltd [2020] NSWCA 36

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Marketform Managing Agency Ltd for and on behalf of the Underwriting Members of Syndicate 2468 for the 2009 Year of Account v Ashcroft Supa IGA Orange Pty Ltd [2020] NSWCA 36 Hearing dates: 16 December 2019 Date of orders: 10 March 2020 Decision date: 10 March 2020 Before: Ward CJ in Eq at [1]; Leeming JA at [2]; Payne JA at [3]. Decision: (1) Appeal dismissed. (2) Appellant to pay the costs of the appeal. (3) Cross-appeal allowed. (4) Order 1 made on 5 April 2019 by the primary judge on the plaintiff's claim set aside and in lieu thereof order that: (a) Ashcroft Supa IGA Orange Pty Ltd pay Mr Paul $613,864.24. (5) Order 1 on made on 5 April 2019 by the primary judge on the cross claim set aside and in lieu thereof order that: (a) Marketform Managing Agency Ltd for and on behalf of the Underwriting Members of Syndicate 2468 for the 2009 Year of Account pay Ashcroft Supa IGA Orange Pty Ltd $613,864.24. (6) Appellant/second cross-respondent to pay the costs of the cross-appeal. Catchwords: TORTS – Negligence – apprentice worker required to insert sausage mince into a machine and link sausages - failure properly to clean the meat room floor by another employee – apprentice worker slips on a piece of sausage mince - Contributory negligence - failure of the apprentice worker to clean the meat room floor

TORTS – Negligence – Apportionment of responsibility and damages - apprentice worker employed by a third party – liability of employer for non-delegable duty of care - apportionment pursuant to s 151Z Workers Compensation Act 1987 (NSW)