DAC Finance (NSW/Qld) Pty Ltd v Cox

DAC Finance (NSW/Qld) Pty Ltd and another party appealed to the Court of Appeal of New South Wales against a District Court decision that found them liable in negligence for injuries sustained by the plaintiff, Mr Cox. Mr Cox suffered a jolt when descending in an elevator that stopped unexpectedly during a planned power interruption. The power testing was conducted by other employees at the workplace, and no steps were taken to ensure the lifts were not being used or to warn occupants. The litigation proceeded on the basis that the plaintiff's employer was not sued, with the plaintiff instead pursuing the two related companies that owned the land and operated the business.

The central legal issues before the Court of Appeal were whether the defendant companies were liable in negligence as occupiers of the premises, and whether the evidence presented was capable of sustaining findings of breach of duty attributable to the defendant companies, as distinct from any breach that might have been attributable to the plaintiff's employer.

The Court of Appeal allowed the appeal, reasoning that the evidence did not support a finding of negligence against the defendant companies in their capacity as occupiers. The court found that the actions or omissions that led to the plaintiff's injury were not demonstrably attributable to the defendant companies in a way that established their liability in negligence. Consequently, the court set aside the District Court's orders and entered judgment in favour of the defendants.