Bauer Media Pty Ltd t/as Network Services Company v Khedrlarian

[2018] NSWCA 208

NSW Court of Appeal

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Interrogate

Catchwords

1. Negligence
2. › Employer's liability
3. › Labour hire arrangements
4. › Duty of occupier and employer
5. › Breach of duty
6. › Failure to undertake risk assessment
7. › Failure to rotate, supervise and train workers
8. › Whether findings of breach made without attending to relevant competing evidence
9. › Civil Liability Act 2002 (NSW), ss 5B, 5D
1. Negligence
2. › Causation
3. › Failure to make findings of causation
4. › Whether breach causative of injury
5. › Civil Liability Act 2002 (NSW), s 5D
6. › Common law causation
1. Appeal
2. › Appellate review of findings of fact
3. › Failure of trial judge to reconcile conflicting evidence
4. › Whether process of fact-finding miscarried
5. › Whether retrial should be ordered
6. › Uniform Civil Procedure Rules 2005 (NSW), r 51.53

Quick Take

A trial judge's findings of breach of duty in a workplace injury case will be set aside where the judge fails to consider and reconcile unchallenged competing evidence, and a retrial will be ordered where no findings of primary fact or causation have been made.