Bauer Media Pty Ltd v Khedrlarian

[2020] NSWCA 288

NSW Court of Appeal

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Interrogate

Catchwords

1. Torts
2. › Negligence
3. › Breach of duty
4. › Provision of safe system of work
5. › Precautions against workplace injury
6. › Adequacy of particularisation of precautions
7. › Whether plaintiff required to identify specific precaution that would obviate risk
8. › Civil Liability Act 2002 (NSW), s 5B
1. Torts
2. › Negligence
3. › Breach of duty
4. › Evidence of whether precautions would obviate risk
5. › Whether evidence established that job rotation would have prevented injury
1. Evidence
2. › Expert evidence
3. › Admissibility
4. › Whether expert report based on false assumptions should be admitted
5. › Whether report failed to identify precautions with sufficient precision

Quick Take

Practitioners in workplace injury cases must ensure that the specific precaution alleged to have been omitted is identified with precision and that evidence is adduced showing the precaution would have obviated or reduced the risk of injury.