Bostik Australia Pty Ltd v Liddiard

This case concerned an appeal from the District Court of New South Wales, brought by Bostik Australia Pty Ltd (the appellant) against Mr Liddiard (the plaintiff). The dispute arose from injuries sustained by Mr Liddiard while working for a labour hire company, and the subsequent legal action he took against Bostik, alleging negligence. The appeal considered the interpretation of the Limitations Act 1969 (NSW) regarding when a cause of action becomes discoverable, and the admissibility of evidence concerning an employer's legal liability.

The primary legal issues before the Court of Appeal were whether the "discoverable" date under sections 50C and 50D of the Limitations Act 1969 required the plaintiff to know the facts constituting the defendant's fault or to know that the defendant was legally liable for damages. Additionally, the court had to determine the admissibility of evidence from a manager regarding the tasks required in her employment and, crucially, whether her ostensible authority extended to admitting her employer's legal liability. The court also examined whether Bostik owed Mr Liddiard a duty of care in the context of a labour hire arrangement, whether this duty was breached, and if so, the extent of any apportionment of liability between Bostik and Mr Liddiard's employer.

The Court of Appeal, in allowing the appeal, found that the discoverability of a cause of action under the Limitations Act 1969 requires knowledge of the facts constituting the fault, not necessarily the legal conclusion of liability. The court also held that a manager's evidence regarding the employer's legal liability was inadmissible, as such an admission was beyond the scope of their ostensible authority. Consequently, the court set aside the District Court's judgment in favour of Mr Liddiard and entered judgment for Bostik, ordering Mr Liddiard to pay Bostik's costs of the proceedings. The court also made orders regarding the costs of the appeal and granted Mr Liddiard a certificate under the Suitors’ Fund Act 1951 (NSW).