Fraher v Wunderlich Ltd

The High Court of Australia heard an appeal in *Fraher v Wunderlich Ltd*. The dispute concerned the plaintiff's claim for damages for personal injuries sustained as a result of a fall from a roof. The plaintiff alleged that the defendant, his employer, was negligent in failing to provide a safe system of work, specifically by not providing adequate safety equipment or supervision.

The central legal issue before the Court was whether the defendant had breached its duty of care to the plaintiff. This involved determining whether the employer had taken all reasonable precautions to prevent the injury, considering the circumstances of the work being performed on the roof. The Court also had to consider the plaintiff's own conduct and whether any contributory negligence on his part should reduce the damages awarded.

The Court ultimately found that the defendant had failed to establish that it had taken all reasonable steps to ensure the safety of its employee. The evidence indicated a lack of adequate supervision and a failure to provide appropriate safety measures for working at height. The Court applied the principles of negligence, requiring an employer to take reasonable care for the safety of their employees, and found that this duty had been breached. The appeal was dismissed.