Forestry Commission of New South Wales v Christopher Sheed

The Forestry Commission of New South Wales (the appellant) appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales. The dispute concerned the appellant's liability for injuries sustained by Christopher Sheed (the respondent) while he was employed by the appellant as a forestry worker. The respondent had suffered injuries when a tree he was felling fell in an unexpected direction.

The primary legal issue before the Court of Appeal was whether the appellant had breached its duty of care to the respondent. Specifically, the court had to determine if the appellant had failed to take reasonable precautions to prevent injury to its employees engaged in the dangerous activity of felling trees, particularly in circumstances where the method of felling was not in accordance with established safe practices.

The Court of Appeal found that the appellant had breached its duty of care. The court reasoned that the appellant had failed to adequately supervise the respondent and ensure that safe felling procedures were followed. The evidence indicated that the respondent was not properly instructed or supervised in the technique of felling trees, and that the method employed was inherently dangerous. The court applied the principles of negligence, holding that the appellant ought to have foreseen the risk of injury and taken reasonable steps to mitigate that risk, which it failed to do.

The appeal was dismissed, and the court affirmed the decision of the Supreme Court, finding the appellant liable for the respondent's injuries.