AFS Catering Pty Ltd v Stonehill

AFS Catering Pty Ltd (the appellant) appealed to the Court of Appeal of New South Wales against a judgment of the District Court which found it liable for injuries sustained by its employee, Mr Stonehill (the respondent), who slipped and was injured at work. The dispute concerned the appellant's alleged failure to devise and provide a safe system of work, and the assessment of damages awarded to the respondent.

The Court of Appeal was required to determine whether the appellant had breached its common law duty of care to the respondent by failing to implement a reasonably practicable safe system of work, and whether the risk of injury could have been avoided by reasonable practicable measures. Further issues related to the calculation of damages, including future economic loss, the respondent's classification as an "odd lot" in the labour market, and the assessment of past and future domestic assistance and out-of-pocket expenses. The court also considered the extent to which the respondent's own inadvertence contributed to his injury.

The Court of Appeal reasoned that while the employer owed a non-delegable duty of care to provide a safe system of work, the primary judge's assessment of damages, particularly concerning future economic loss and the "odd lot" classification, required reconsideration. The court found that the appellant had failed to establish that the respondent was contributorily negligent to a significant degree. The appeal was allowed in part, with the District Court's judgment as to damages being set aside.

Consequently, the Court of Appeal ordered that the appellant pay 80% of the costs of the appeal and directed the parties to bring in Short Minutes of Order within seven days to give effect to the court's reasons, specifically detailing the revised calculations for future economic loss, lost superannuation, and past and future domestic assistance.