Clutha Ltd v Risby

Clutha Ltd (the appellant) appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales. The dispute concerned the appellant's liability for damages arising from the respondent's injury, which occurred when the respondent fell from a ladder while working on a construction site. The respondent alleged negligence on the part of the appellant, his employer, in failing to provide a safe system of work.

The Court of Appeal was required to determine whether the primary judge erred in finding the appellant negligent. Specifically, the court considered whether the appellant had breached its duty of care to the respondent by failing to implement adequate safety measures, such as providing a scaffold or a safer alternative to the ladder, and whether this breach caused or contributed to the respondent's injuries. The court also examined whether the respondent was contributorily negligent.

The Court of Appeal upheld the primary judge's finding of negligence. The court reasoned that the appellant owed a non-delegable duty to its employees to take reasonable care for their safety. It found that the use of a ladder in the circumstances, without further safety precautions, was inherently dangerous and that the appellant had failed to establish that it had taken all reasonable steps to prevent the foreseeable risk of injury. The court also found that while the respondent may have been somewhat careless, his actions did not amount to contributory negligence that would reduce the damages awarded.

The appeal was dismissed, and the appellant was ordered to pay the respondent's costs.