English v Rogers

The appeal concerned a claim for damages for psychiatric and consequent physical injuries sustained by the appellant, Mr English, a late-night cleaner at a hotel, who was held hostage during an armed robbery. The appellant sued his employer, the first respondent, and the hotel, the second respondent, in negligence. The primary judge found the employer liable but dismissed the claim against the hotel.

The legal issues before the court included whether the employer owed a non-delegable duty of care to the appellant regarding the adequacy of security measures at the hotel, and whether the hotel itself had breached its duty of care to the appellant. The court was also required to consider the causal connection between the employer's alleged breaches and the appellant's injuries, the impact of voluntary human intervention (the robbery) on the chain of causation, and the adequacy of the security measures in place at the time of the incident.

The court found that the employer had breached its duty of care by failing to take reasonable steps to ensure the appellant's safety, particularly given the known risks associated with late-night cleaning in a hotel environment. The employer's reliance on the hotel for security was insufficient to discharge its non-delegable duty. The court also found that the hotel had breached its duty of care by failing to implement adequate security measures, noting the absence of video surveillance in the rear car park until after the incident. The court determined that the employer's breaches were causative of the appellant's injuries, despite the intervening criminal act.

The appeal was dismissed as between the appellant and his employer, but allowed as between the appellant and the hotel. The cross-appeal was also allowed.