The case confirms that the test for leave to appeal in Victoria requires a real, as opposed to fanciful, prospect of success. It applies Koehler v Cerebos to confirm that an employer's duty of care is not absolute and is shaped by the nature of the employee's contracted duties. A tribunal of fact is not required to accept or reject a witness's evidence in its entirety and may find some parts credible while rejecting others, without inconsistency.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.