D R Johnston Group Pty Ltd v Starr and Smith

The appellants, D R Johnston Group Pty Ltd, appealed decisions of the primary judge concerning claims brought by the respondents, Starr and Smith, for damages arising from contracting Q fever. The dispute centred on whether the appellants, operators of an abattoir, had been negligent in failing to take reasonable precautions to prevent their employees from contracting Q fever.

The central legal issue before the Court of Appeal was whether the primary judge had erred in finding the appellants negligent. Specifically, the court had to determine if the appellants owed a duty of care to their employees to protect them from the risk of contracting Q fever, and if so, whether they had breached that duty by failing to implement reasonable preventative measures. The court also considered the quantum of damages awarded.

The Court of Appeal, comprising Handley and Powell JJA and O'Keefe AJA, dismissed the appeal in one matter and allowed it in part in another. The court upheld the finding of negligence against the appellants, affirming that abattoir operators owe a duty of care to their employees to take reasonable steps to mitigate the risk of Q fever. The court found that the primary judge had correctly identified the breach of this duty. However, in one of the appeals, the court rectified a mathematical error in the damages awarded, reducing the judgment amount.

Consequently, the appeal in one matter was dismissed with costs. In the other matter, the appeal was allowed in part to correct the mathematical error in the judgment, reducing the award to $334,237.85, while the appeal was otherwise dismissed. The appellants were ordered to pay the respondents' costs.