Broadspectrum (Australia) Pty Ltd v Farmer - [2024] NSWCA 81

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation: Broadspectrum (Australia) Pty Ltd v Farmer [2024] NSWCA 81
Hearing dates: 5 April 2024
Date of orders: 17 April 2024
Decision date: 17 April 2024
Before: Mitchelmore JA at [1];
Basten AJA at [2];
Griffiths AJA at [13]
Decision:
The appeal is dismissed, with costs.

Catchwords:
NEGLIGENCE — Personal injuries — where the plaintiff tripped and fell down a flight of stairs in the Republic of Nauru — law of Nauru applies, which is broadly similar to common law — where the height of an exposed metal lip on an aluminium frame attached to the edge of the top stair from which the plaintiff fell was subject to different measurements by a lay person (6.25mm) and two experts (2 to 2.5mm) — whether the primary judge erred in finding the height was 6.25mm and not 2 to 2.5mm — whether any error was material
NEGLIGENCE — Causation — Factual causation — whether the primary judge erred in finding that the lip which had a missing yellow non-slip strip caused the plaintiff’s fall when his boot caught on it
NEGLIGENCE — Breach — Foreseeability of risk — Standard of care — whether the absence of a “non-slip” strip from the stair frame was obvious and reasonable precautions were required to be taken to address the risk of harm

Legislation Cited:
Civil Liability Act 2002 (NSW)
Custom and Adopted Laws Act 1971 (RoN), s 4
Law Reform (Contributory Negligence) Act 1945 (UK)
Law Reform (Miscellaneous Provisions) Act 1965 (NSW)
Workers Compensation Act 1987 (NSW), s 9AA
Return to Work Act 2014 (SA), s 10
Workers’ Compensation and Rehabilitation Act 2003 (Qld), s 113
Uniform Civil Procedure Rules 2005 (NSW), r 51.36(2)

Cases Cited:
Helton v Allen (1940) 63 CLR 691 at 712; [1940] HCA 20
Regie Nationale des Usines Renault SA v Zhang (2002) 210 CLR 491; [2002] HCA 10
Sun v Chapman [2022] NSWCA 132
Warren v Coombes (1979) 142 CLR 531; [1979] HCA 9

Category: Principal judgment
Parties:
Broadspectrum (Australia) Pty Ltd ABN 11 093 114 553 (First Appellant)
Wilson Security Pty Ltd (Second Appellant)
William Farmer (Respondent)
Representation:
Counsel:
D A Priestley SC (Appellants)
D Hooke SC/P Woods (Respondent)
Solicitors:
Gilchrist Connell (Appellants)
Somerville Laundry Lomax (Respondent)

File Number(s): 2023/332375
Publication restriction: Nil.
Decision under appeal

Court or tribunal:

Supreme Court of NSW

Jurisdiction:

Common Law

Citation:

[2023] NSWSC 1076

Date of Decision:

28 September 2023

Before:

Garling J

File Number(s):

2018/175460

HEADNOTE

[This headnote is not to be read as part of the judgment]

The proceedings concern a personal injury sustained by Mr Farmer as a result of tripping and falling down a flight of stairs on 6 November 2016 at the Regional Processing Centre (RPC) in the Republic of Nauru. He brought a claim for damages against his employer, Wilson Security Pty Ltd (Wilson), and Broadspectrum Pty Ltd (Broadspectrum), who was responsible for inspecting, maintaining and performing repair works at the RPC. The primary…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2024] NSWCA 81
Decision Date: 17 April 2024

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd appealed a decision of the primary judge in favour of the respondent, Mr Farmer, who had suffered personal injuries after tripping and falling down a flight of stairs in the Republic of Nauru. The law of Nauru, which was accepted as being broadly similar to the common law, applied to the dispute. The central issue concerned whether the primary judge had erred in finding that the height of an exposed metal lip on the stair frame, from which Mr Farmer fell, was 6.25mm, as measured by Mr Farmer, rather than the 2 to 2.5mm measured by two expert witnesses.

The court was required to determine whether any error by the primary judge regarding the measurement of the lip was material to the outcome of the case. Further, the court had to consider whether the primary judge had correctly found that the lip, which had a missing non-slip strip, caused Mr Farmer's fall by catching his boot. Finally, the court was asked to assess whether the absence of the non-slip strip presented an obvious risk of harm, necessitating reasonable precautions to be taken.

The Court of Appeal dismissed the appeal, upholding the primary judge's findings. The court reasoned that the primary judge was entitled to accept Mr Farmer's measurement of the lip's height, even though it differed from the expert measurements, as it was a matter of fact-finding within the primary judge's purview. The court found that the primary judge had correctly applied the principles of negligence, including the foreseeability of risk and the standard of care. The absence of the non-slip strip was considered an obvious hazard, and the primary judge's conclusion that this defect caused Mr Farmer's fall was supported by the evidence.

Consequently, the appeal was dismissed, and Broadspectrum (Australia) Pty Ltd was ordered to pay Mr Farmer's costs.

Orders

Orders of the court

The appeal is dismissed, with costs.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	Broadspectrum (Australia) Pty Ltd v Farmer [2024] NSWCA 81
Hearing dates:	5 April 2024
Date of orders:	17 April 2024
Decision date:	17 April 2024
Before:	Mitchelmore JA at [1]; Basten AJA at [2]; Griffiths AJA at [13]
Decision:	The appeal is dismissed, with costs.
Catchwords:	NEGLIGENCE — Personal injuries — where the plaintiff tripped and fell down a flight of stairs in the Republic of Nauru — law of Nauru applies, which is broadly similar to common law — where the height of an exposed metal lip on an aluminium frame attached to the edge of the top stair from which the plaintiff fell was subject to different measurements by a lay person (6.25mm) and two experts (2 to 2.5mm) — whether the primary judge erred in finding the height was 6.25mm and not 2 to 2.5mm — whether any error was material NEGLIGENCE — Causation — Factual causation — whether the primary judge erred in finding that the lip which had a missing yellow non-slip strip caused the plaintiff’s fall when his boot caught on it NEGLIGENCE — Breach — Foreseeability of risk — Standard of care — whether the absence of a “non-slip” strip from the stair frame was obvious and reasonable precautions were required to be taken to address the risk of harm
Legislation Cited:	Civil Liability Act 2002 (NSW) Custom and Adopted Laws Act 1971 (RoN), s 4 Law Reform (Contributory Negligence) Act 1945 (UK) Law Reform (Miscellaneous Provisions) Act 1965 (NSW) Workers Compensation Act 1987 (NSW), s 9AA Return to Work Act 2014 (SA), s 10 Workers’ Compensation and Rehabilitation Act 2003 (Qld), s 113 Uniform Civil Procedure Rules 2005 (NSW), r 51.36(2)
Cases Cited:	Helton v Allen (1940) 63 CLR 691 at 712; [1940] HCA 20 Regie Nationale des Usines Renault SA v Zhang (2002) 210 CLR 491; [2002] HCA 10 Sun v Chapman [2022] NSWCA 132 Warren v Coombes (1979) 142 CLR 531; [1979] HCA 9
Category:	Principal judgment
Parties:	Broadspectrum (Australia) Pty Ltd ABN 11 093 114 553 (First Appellant) Wilson Security Pty Ltd (Second Appellant) William Farmer (Respondent)
Representation:	Counsel: D A Priestley SC (Appellants) D Hooke SC/P Woods (Respondent) Solicitors: Gilchrist Connell (Appellants) Somerville Laundry Lomax (Respondent)
File Number(s):	2023/332375
Publication restriction:	Nil.
Decision under appeal	Court or tribunal: Supreme Court of NSW Jurisdiction: Common Law Citation: [2023] NSWSC 1076 Date of Decision: 28 September 2023 Before: Garling J File Number(s): 2018/175460