Brewster v Rethmann Australia Environmental Services Pty Limited

The appellant, Brewster, brought proceedings against the respondent, Rethmann Australia Environmental Services Pty Limited, for personal injuries sustained during an accident in the course of his employment. The dispute concerned whether the employer was vicariously liable for the injuries, whether it had breached a non-delegable duty of care to provide a safe system of work, and whether the employee had been contributorily negligent. The matter was heard in the Court of Appeal of New South Wales.

The Court of Appeal was required to determine whether the employer had breached its duty of care to provide a safe system of work, and if so, whether the appellant had been contributorily negligent. The court also considered the employer's vicarious liability.

The Court of Appeal found that the employer had breached its non-delegable duty of care to provide a safe system of work. However, it also determined that the appellant had been contributorily negligent to the extent of 10 per cent. The court allowed the appeal, setting aside the verdict for the defendant and entering a verdict for the plaintiff in the sum of $549,146, representing the assessed damages less the deduction for contributory negligence. The defendant was ordered to pay the plaintiff's costs of the proceedings in the District Court, and the respondent was ordered to pay the appellant's costs of the appeal.