Sotico Pty Ltd v Green

[2003] WASCA 285

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Tort
2. › Negligence
3. › Breach of duty of care
4. › Employer's duty to provide safe system of work
5. › Foreseeability of risk of injury distinguished from foreseeability of inconvenience
6. › Whether snagging of bandsaw blade during routine procedure gave rise to foreseeable risk of injury
7. › Magnitude of risk and degree of probability of occurrence
1. Tort
2. › Negligence
3. › Damages
4. › Past economic loss
5. › Duty to mitigate
6. › Contradictory findings as to plaintiff's capacity to work
7. › Whether retrial necessary
1. Appeal
2. › Appeal by way of rehearing
3. › Failure of trial judge to address substantial body of evidence
4. › Whether appellate court should make findings or order retrial
5. › District Court of Western Australia Act 1969 (WA), s 79(2)

Quick Take

A trial judge's finding of breach of duty of care will be set aside where the judge conflates foreseeability of an inconvenience or hazard with foreseeability of injury, and fails to address substantial evidence relevant to the probability of injury occurring, including evidence of no prior injuries over a long period and industry-wide acceptance of the work method. Where a substantial body of evidence has not been addressed by the trial judge, a retrial rather than appellate fact-finding is the appropriate course.