Fuller v New South Wales Department of School Education and Training

The appellant, Mr. Fuller, brought proceedings against the New South Wales Department of School Education and Training (the respondent) alleging negligence. The dispute concerned injuries Mr. Fuller sustained while working as a tradesman. The matter was heard on appeal before Beazley and Santow JJA and Stein AJA.

The central legal issue before the Court of Appeal was whether the respondent owed a non-delegable duty of care to Mr. Fuller, and if so, whether that duty had been breached. Specifically, the court considered the nature of the duty owed by an employer to an employee, particularly in circumstances where the employee's own conduct might contribute to the injury, and how this duty differs depending on the employee's skill level and the equipment provided.

The Court of Appeal found that the respondent owed a non-delegable duty of care to Mr. Fuller. This duty required the respondent to take reasonable steps to prevent foreseeable harm, including accounting for the possibility of inadvertent or negligent conduct by its employees. The court distinguished between the duty owed to a skilled tradesperson with appropriate equipment and the duty owed to an unskilled tradesperson provided with defective equipment, finding that the latter imposed a higher standard of care on the employer. The court concluded that the respondent had breached its duty of care.

Consequently, the appeal was allowed, and the verdict and judgment of the trial judge were set aside and substituted with a verdict and judgment for the appellant. The respondent was ordered to pay the appellant's costs of both the appeal and the trial.