Buyong v Readymix Concrete (NT) Pty Ltd

Readymix Concrete (NT) Pty Ltd sought special leave to appeal to the High Court of Australia against a decision of the Full Court of the Supreme Court of the Northern Territory. The dispute concerned whether the "odd lot" principle, as established in *Cardiff Corporation v Hall*, had been superseded by the majority decision in *J & H Timbers v Nelson*. The applicant argued that the magistrate had failed to identify an employer willing to accept the partially disabled worker into employment, a requirement of the *Cardiff Corporation* principle.

The central legal issue before the High Court was whether the magistrate's findings, which established the worker's partial disability and the existence of work he could perform, were sufficient to discharge the employer's onus of proof. Specifically, the court had to determine if the employer was required to demonstrate the availability of a specific employer willing to hire the worker with his particular disabilities, or if a more general showing of suitable employment was sufficient. This question was framed against the backdrop of the Northern Territory Court of Appeal's affirmation of the magistrate's findings, which were held to be justified by the evidence and matters of judicial notice.

The applicant contended that the magistrate had erred by not specifically identifying an employer willing to take the worker, thereby failing to satisfy the onus required by *Cardiff Corporation v Hall*. They argued that the magistrate's findings, when viewed collectively, indicated the worker was an "odd lot" and that no evidence had been adduced to show an employer willing to accept such a worker. The applicant submitted that the onus should have therefore remained with the employer to prove suitable employment was available, an onus they had failed to discharge.

The High Court granted special leave to appeal.