F H Faulding & Co Limited t/as Faulding Pharmaceuticals v Masters

F H Faulding & Co Limited t/as Faulding Pharmaceuticals (Faulding) appealed a decision concerning the injury sustained by its employee, Mr Masters, a security guard. Mr Masters was injured due to a defective gate mechanism while on duty. The dispute involved the apportionment of fault between Faulding, as the employer, and Bonmari, the occupier of the land where the incident occurred. The appeal was heard by Mason P, Giles, and Ipp JJA in the Court of Appeal of New South Wales.

The central legal issues before the court were the extent of the duty of care owed by an occupier of land to persons entering the premises, the duty of care owed by an employer to its employee, and the principles governing the apportionment of fault between a negligent employer and a negligent occupier when an employee suffers injury as a result of their combined negligence. The court was also required to consider the application of contributory negligence principles in this context.

The Court of Appeal found that both Faulding and Bonmari owed duties of care to Mr Masters, and that both had breached those duties, contributing to his injuries. The court reasoned that the defective gate mechanism represented a failure by the occupier to maintain safe premises and a failure by the employer to provide a safe working environment. Applying principles of apportionment of responsibility, the court determined that fault should be shared equally between the employer and the occupier.

Consequently, the appeal was partially upheld. Bonmari was ordered to contribute 50% to the damages payable by Faulding to Mr Masters. Mr Masters and Bonmari were ordered to pay Faulding's costs of the appeal, and both were granted a certificate under the Suitors' Fund Act 1951, if otherwise qualified. The parties were granted liberty to apply within 21 days concerning the specific amounts of damages to be paid by Faulding and Bonmari.