Mt Pleasant Stud Farm Pty Ltd v McCormick

[2022] NSWCA 191

NSW Court of Appeal

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Interrogate

Catchwords

1. Negligence
2. › Employer's duty of care
3. › Non-delegable duty
4. › Provision of safe system of work
5. › Failure to provide suitable assistant for hazardous task
6. › Whether breach of duty established
1. Negligence
2. › Causation
3. › Increased risk of harm
4. › Whether merely establishing increased risk sufficient to establish causation
5. › Requirement that risk 'came home' or eventuated
6. › Material contribution to injury
1. Evidence
2. › Opinion evidence
3. › Expert opinion
4. › Specialised knowledge based on experience
5. › Whether opinion of experienced horse trainer without tertiary qualifications based on specialised knowledge
6. › Evidence Act 1995 (NSW), s 79
1. Appeal
2. › From finding of fact
3. › Function of appellate court
4. › Credibility findings
5. › Advantages of trial judge
6. › Impressions formed by seeing and hearing witness not limited to observed demeanour

Quick Take

In negligence cases involving increased risk of harm, evidence must establish not merely that the breach increased the risk but that the risk eventuated and the breach materially contributed to the injury.