Bauer Media Pty Ltd v Khedrlarian

The appeal concerned a negligence claim brought by Mary Khedrlarian against Bauer Media Pty Ltd and the Workers Compensation Nominal Insurer. The dispute arose from injuries sustained by Ms. Khedrlarian in the workplace. The case was heard in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the District Court had erred in finding that Bauer Media and the Workers Compensation Nominal Insurer had breached their duty of care to Ms. Khedrlarian by failing to provide a safe system of work and adequate precautions against workplace injury. The court also considered the adequacy of the particularisation of the precautions alleged to be lacking and the evidence presented regarding whether such precautions would have obviated the risk of injury.

The Court of Appeal allowed the appeal by Bauer Media and the Workers Compensation Nominal Insurer, setting aside the orders made in the District Court. The court reasoned that the plaintiff's amended statement of claim, as filed, did not sufficiently particularise the alleged breaches of duty. Consequently, the court dismissed the plaintiff's claim against both defendants in the District Court and ordered the plaintiff to pay the costs of both defendants in that court. The court also ordered Ms. Khedrlarian to pay the costs of the appellant in the Court of Appeal. The Workers Compensation Nominal Insurer was granted an extension of time and leave to file its cross-appeal, which was also allowed.