Canuto v Boyded Industries Pty Ltd

Canuto (the applicant) sought leave to appeal against a decision of the Full Federal Court which had dismissed his appeal from a judgment of a single judge of that court. The dispute concerned the applicant's claim for damages for personal injury sustained in the course of his employment with Boyded Industries Pty Ltd (the respondent). The applicant alleged that the respondent had breached its duty of care owed to him as an employee, and that this breach caused his injuries.

The central legal issue before the High Court was whether the applicant had established a breach of duty of care on the part of the respondent. Specifically, the court considered whether the respondent had failed to take reasonable precautions to prevent the applicant from suffering injury, given the circumstances of his employment and the nature of the work he was performing. This involved an assessment of the foreseeability of the risk of injury and the reasonableness of the steps the respondent took, or failed to take, to mitigate that risk.

McHugh and Hayne JJ, in dismissing the application for leave to appeal, found that the Full Federal Court had correctly determined that the respondent had not breached its duty of care. Their Honours reasoned that the risk of injury to the applicant was not reasonably foreseeable in the circumstances, and that the respondent had taken all reasonable steps to ensure the safety of its employees. The court applied the principles established in *Wyong Shire Council v Shirt* regarding the assessment of foreseeability and the balancing of the likelihood of harm against the seriousness of the potential harm and the burden of taking precautions. The application for leave to appeal was therefore dismissed.