Drew v State of New South Wales

The plaintiff, Drew, appealed to the Court of Appeal of New South Wales against a decision of the primary judge who had found neither the plaintiff's employer nor the State of New South Wales liable for injuries sustained when the plaintiff slipped and fell on a box in a school classroom.

The central legal issues before the Court of Appeal were whether the primary judge erred in finding that neither the employer nor the State had breached their respective duties of care to the plaintiff, and whether the primary judge had denied the plaintiff procedural fairness by providing insufficient reasons for the decision. Specifically, the court considered whether the employer knew or ought to have known of the presence of the box in the classroom, and whether a reasonable person in the position of the defendants would have taken precautions in relation to the hazard presented by the box.

The Court of Appeal dismissed the appeal, finding no error in the primary judge's findings of fact or law. The court held that the primary judge had provided adequate reasons for the decision and that the plaintiff had not been denied procedural fairness. The court concluded that the evidence did not establish that the defendants had breached their duty of care, as the presence of the box was not shown to be of such a nature or duration that the defendants knew or ought to have known of it, nor was it established that a reasonable person would have taken specific precautions in the circumstances.

The appeal was dismissed with costs.