Australian Iron and Steel Pty Ltd v Krstevski

The High Court of Australia considered an appeal by Australian Iron and Steel Pty Ltd against a judgment of the Supreme Court of New South Wales in favour of the respondent, Mr. Krstevski. The dispute concerned the respondent's claim for damages for personal injury sustained during his employment with the appellant.

The central legal issue before the High Court was whether the respondent, as an employee, had accepted the risk of injury arising from the appellant's breach of statutory duty. Specifically, the court had to determine if the respondent's knowledge of the dangerous conditions and his continued work in those conditions constituted a voluntary assumption of risk that would defeat his claim.

The High Court, in a majority decision, held that the respondent had not voluntarily assumed the risk of injury. The court reasoned that the respondent's continued employment, despite his awareness of the risks, was not a voluntary acceptance of those risks in the legal sense. His decision to continue working was influenced by the necessity of earning a living and the implicit pressure to perform his duties, rather than a free choice to encounter the danger. The court affirmed that for the defence of voluntary assumption of risk to succeed, the acceptance of the risk must be truly voluntary, a choice made freely and without compulsion. The appellant's breach of statutory duty was a significant factor in the court's determination.

The appeal was dismissed.