Harrison v Lau Nay Nominees P/L t/as Abs Transport

[2004] NSWCA 18

NSW Court of Appeal

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Interrogate

Catchwords

1. Tort
2. › Negligence
3. › Employer's liability
4. › Safe system of work
5. › Whether employer liable for injury to employee at third party premises
6. › Whether employer liable merely by virtue of employer/employee relationship
7. › Non-delegable duty
8. › Whether employer delegated duty by treating employee as expert
1. Tort
2. › Negligence
3. › Duty of care
4. › Scope of duty
5. › Foreseeability
6. › Whether customer who carelessly loaded trailer owed duty extending to harm arising from additional cargo taken on by driver at another location
7. › Whether careless loading constituted breach causing damage where intervening events not foreseeable
1. Tort
2. › Negligence
3. › Causation
4. › Remoteness
5. › Whether careless loading was material cause of injury
6. › Whether insufficient nexus between initial loading and injury

Quick Take

An employer is not liable in negligence for an employee's workplace injury merely by virtue of the employer/employee relationship; a specific failure to provide a safe system of work must be identified. A party who carelessly loads cargo does not owe a duty of care extending to harm arising from unforeseeable intervening events, including the injured party's decision to take on additional cargo and to manually lift extremely heavy objects.