Bamber v Hartman Pacific Pty Ltd

This appeal concerned a claim by Mr William Bamber against Hartman Pacific Pty Ltd following an injury sustained when he fell from a ladder manufactured and supplied by the respondent. Mr Bamber alleged the ladder had a safety defect at the time of supply and that this defect caused his injury. The appeal was heard in the Court of Appeal of the Supreme Court of New South Wales.

The central legal issues before the court were whether the ladder possessed a safety defect when supplied by Hartman Pacific Pty Ltd, whether such a defect was causally responsible for Mr Bamber's fall and subsequent injuries, and whether Mr Bamber was contributorily negligent. The court was also required to consider whether the primary judge had erred in their assessment of Mr Bamber's credit and in their assessment of damages.

The Court of Appeal found that the primary judge had erred in their assessment of Mr Bamber's credit and in their assessment of damages. The court determined that the ladder did have a safety defect and that this defect was the cause of Mr Bamber's injury. Consequently, the appeal was allowed, the orders of the primary judge were set aside, and judgment was entered for Mr Bamber against Hartman Pacific Pty Ltd in the sum of $73,531.47. There were no orders as to the costs of the proceedings before the primary judge, but Hartman Pacific Pty Ltd was ordered to pay 50% of Mr Bamber's costs of the appeal.