Dasreef Pty Limited v Hawchar (No 2)

The appeal concerned a dispute between Dasreef Pty Limited and Mr Hawchar, heard in the Court of Appeal of New South Wales. Mr Hawchar had brought proceedings against Dasreef Pty Limited, alleging negligence and breach of contract. The primary dispute revolved around the alleged failure of Dasreef Pty Limited to provide adequate safety measures and training to Mr Hawchar, a miner, leading to his injury.

The Court of Appeal was required to determine whether the primary judge had erred in finding Dasreef Pty Limited liable for negligence and breach of contract. Specifically, the court considered whether the primary judge had correctly assessed the evidence regarding the adequacy of safety procedures, the provision of training, and the causal link between any breaches and Mr Hawchar's injuries. The appeal also involved a challenge to the quantum of damages awarded.

The Court of Appeal upheld the primary judge's findings of negligence and breach of contract. The court reasoned that Dasreef Pty Limited had failed to discharge its duty of care to Mr Hawchar by not implementing and enforcing adequate safety protocols and by failing to provide sufficient training. The court found that the evidence supported the conclusion that these failures were causative of Mr Hawchar's injuries. The court also affirmed the primary judge's assessment of damages. Consequently, the appeal was dismissed, and the appellant was ordered to pay 85 per cent of the respondent's costs.