Bauer Media Pty Ltd t/as Network Services Company v Khedrlarian

In the matter of *Bauer Media Pty Ltd t/as Network Services Company v Khedrlarian*, the New South Wales Court of Appeal considered an appeal and cross-appeal concerning a claim for negligence. The plaintiff, Ms Khedrlarian, an employee of a labour hire company, alleged she sustained a back injury. Her claim was brought against both her employer and the occupier of the premises where the injury occurred, Bauer Media Pty Ltd.

The central legal issues before the Court of Appeal were whether the primary judge had made findings of fact and law that were unsupported by the evidence, particularly regarding alleged failures to undertake risk assessments and provide adequate rotation, supervision, and training. Crucially, the court had to determine if causation of the plaintiff's injury by the defendants' alleged negligence had been established, and whether the litigation could be resolved without a complete retrial, given the perceived deficiencies in the primary judge's findings of fact.

The Court of Appeal found that the primary judge had made findings without adequately attending to the relevant evidence and had failed to make essential findings of primary fact concerning the events that gave rise to the litigation. Consequently, the court concluded that the proceedings could not be determined on the existing findings and that a retrial was necessary. The appeal and cross-appeal were allowed, the previous orders were set aside, and the proceedings were remitted to the District Court for a retrial. The costs of the first trial were left to the discretion of the court hearing the retrial, while Ms Khedrlarian was ordered to pay the costs of Bauer Media Pty Ltd and the Workers Compensation Nominal Insurer for the appeal and cross-appeal.