Cavanagh v Manning Valley Race Club Ltd

[2022] NSWCA 36

NSW Court of Appeal

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Interrogate

Catchwords

1. Negligence
2. › Workplace injury
3. › Employer's duty of care
4. › Breach of duty
5. › Foreseeability of risk of injury from repetitive movement
6. › Whether repetitive twisting of neck and upper body in course of employment created foreseeable risk of musculoskeletal injury
7. › Civil Liability Act 2002 (NSW), s 3B(1)(f)
8. › Workers Compensation Act 1987 (NSW), Pt 5 Div 3
1. Appeal
2. › Civil appeals
3. › Adequacy of reasons
4. › Whether primary judge's reasons adequately engaged with principal issue in contest at trial
5. › Whether finding of fact was actually made
6. › Whether finding accorded with evidence
1. Appeal
2. › Civil appeals
3. › New trial or entry of judgment
4. › Whether Court of Appeal should enter judgment rather than order retrial
5. › Whether substantial wrong or miscarriage occasioned
6. › Supreme Court Act 1970 (NSW), s 75A(10)
7. › Uniform Civil Procedure Rules 2005 (NSW), r 51.53

Quick Take

Where a primary judge's reasons fail to engage with a plaintiff's best evidence on a dispositive issue, the judgment cannot be sustained, and the Court of Appeal may enter judgment rather than order retrial where the uncontroversial evidence establishes the claim.