Cuthbert v Thomson

In *Cuthbert v Thomson*, the New South Wales Court of Appeal considered an appeal concerning a personal injury claim brought by a farm worker. The worker sustained injuries when igniting a stack of wood. The primary issue on appeal was whether a finding of contributory negligence against the worker could be sustained, given the circumstances of the incident.

The Court was required to determine whether the worker's method of igniting the stack of wood, which was found to be knowingly dangerous, constituted contributory negligence. This involved assessing whether the worker's actions were part of a prescribed system of work, and if not, how the damages should be apportioned between the parties.

The Court reasoned that the employer had breached its duty of care by failing to implement a safe system of work for igniting the wood stack. However, it also found that the employee's method of ignition was knowingly dangerous and not part of any prescribed system. Consequently, the Court upheld the finding of contributory negligence, concluding that the employee's own conduct contributed to his injuries. The appeal was dismissed with costs.