Court of Appeal
Supreme Court
New South Wales
Medium Neutral Citation: BOSSELL v COMPUR PTY LTD [1991] NSWCA 25 Decision date: 06 November 1991
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Details
- AGLC
- Bossell v Compur Pty Ltd [1991] NSWCA 25
- Case
- [1991] NSWCA 25
- Decision Date
CaseChat Overview and Summary
In *Bossell v Compur Pty Ltd*, the New South Wales Court of Appeal considered a dispute between the plaintiff, Mr Bossell, and the defendant, Compur Pty Ltd. The case concerned an appeal against a judgment of the Supreme Court of New South Wales.
The primary legal issue before the Court of Appeal was whether the respondent, Compur Pty Ltd, had breached its duty of care to the appellant, Mr Bossell, by failing to take reasonable precautions to prevent injury to him. Specifically, the court had to determine if the respondent had been negligent in its conduct concerning the operation of a machine.
The Court of Appeal found that the respondent had not breached its duty of care. It reasoned that the respondent had provided adequate instructions and warnings regarding the safe operation of the machine. The court applied the principles of negligence, considering what a reasonable employer would have done in the circumstances to prevent foreseeable harm to an employee. The court concluded that the respondent's actions were reasonable and that the accident was not a foreseeable consequence of any breach of duty.
The appeal was dismissed.
The primary legal issue before the Court of Appeal was whether the respondent, Compur Pty Ltd, had breached its duty of care to the appellant, Mr Bossell, by failing to take reasonable precautions to prevent injury to him. Specifically, the court had to determine if the respondent had been negligent in its conduct concerning the operation of a machine.
The Court of Appeal found that the respondent had not breached its duty of care. It reasoned that the respondent had provided adequate instructions and warnings regarding the safe operation of the machine. The court applied the principles of negligence, considering what a reasonable employer would have done in the circumstances to prevent foreseeable harm to an employee. The court concluded that the respondent's actions were reasonable and that the accident was not a foreseeable consequence of any breach of duty.
The appeal was dismissed.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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