Audisho v Sealy of Australia (NSW) Pty Ltd

The appeal in *Audisho v Sealy of Australia (NSW) Pty Ltd* concerned a claim for negligence brought by the plaintiff against their employer. The dispute centred on whether the employer had failed to provide a safe system of work, leading to the plaintiff's injury. The matter was heard in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether the trial judge had erred in their conclusion regarding the employer's alleged failure to provide a safe system of work. This involved considering whether the submissions made on appeal, which were not part of the original pleadings or the way the case was conducted at trial, could or should have been considered.

The Court of Appeal found no error in the trial judge's conclusion. Their Honours determined that the submissions advanced on appeal were outside the scope of the pleadings and the manner in which the case had been conducted at first instance. Consequently, the court held that there was no question of principle to be determined, and the appeal was dismissed. The appeal was dismissed with costs.