Broadspectrum (Australia) Pty Ltd v Farmer

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.