Charter Hall Real Estate Management Services (NSW) Pty Limited v State of New South Wales

Charter Hall Real Estate Management Services (NSW) Pty Limited (Charter Hall) appealed a decision of the District Court of New South Wales concerning a claim for indemnity under section 151Z of the *Workers Compensation Act 1987* (NSW). The claim arose from injuries sustained by an employee of Charter Hall, Mr. Gounder, who fell from a ladder. Charter Hall sought to recover workers compensation payments made to Mr. Gounder from the State of New South Wales, alleging the State was a tortfeasor who would have been liable to Mr. Gounder had he sued for negligence. The appeal was heard by Macfarlan and White JJA, and Simpson AJA.

The central legal issues before the Court of Appeal were whether the State of New South Wales, as the occupier of the premises where the injury occurred, had actual knowledge of the risk that caused Mr. Gounder's fall, and whether the risk was obvious and insignificant. The Court also considered whether the State had breached its duty of care to Mr. Gounder and whether Mr. Gounder had been contributorily negligent.

The Court of Appeal affirmed the trial judge's findings. It held that the knowledge of a risk previously reported to an employee of the State, whose employment was subsequently taken over by the State, was properly imputed to the State under the *Civil Liability Act 2002* (NSW). The Court found that the risk of the ladder falling was not obvious and therefore not insignificant, and that the State had breached its duty of care to Mr. Gounder by failing to take reasonable precautions. The Court also determined that Mr. Gounder's action of inadvertently knocking a locking bar while descending the ladder did not constitute contributory negligence.

Consequently, the appeal was dismissed, and Charter Hall was ordered to pay the costs of the State of New South Wales.