Metri v Nestlé Australia Ltd

[2021] NSWSC 343

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Negligence
2. › alleged failure to repair forklift when fault identified four days previously
3. › whether fault could be replicated
4. › circumstances in which negligence can be proved although precise mechanism unknown
5. › superior knowledge of employer not passed on to repairer of forklift
1. Negligence / Torts
2. › Defences
3. › Contributory negligence
4. › plaintiff’s conduct in applying brake to forklift reasonable and motivated by concern for other workers in vicinity
1. Negligence
2. › Damages
3. › Economic loss
4. › Earning capacity
5. › no residual earning capacity
6. › no viable alternative occupation proposed or available
1. Torts
2. › General principles
3. › Damages