Gale v State of New South Wales

In *Gale v State of New South Wales*, the appellant, an employee of a contractor engaged by Long Bay Gaol, suffered a foot injury when a weight machine malfunctioned and trapped her. She brought proceedings against the Department of Corrective Services, as the occupier of the gaol, alleging negligence. The trial judge found the accident to be the appellant's own fault and, in the view of the appellate court, failed to adequately consider the principles of the "Shirt Calculus" or make sufficient factual findings.

The primary legal issue before the Court of Appeal was whether the trial judge had erred in finding the appellant solely responsible for her injuries and in failing to properly assess the Department's duty of care and any potential breach thereof. Specifically, the court considered whether there was evidence to support a finding that the Department owed a duty of care to the appellant and, if so, whether that duty had been breached.

The Court of Appeal reasoned that there was some evidence suggesting a duty of care existed and that this duty may have been breached. Consequently, the court determined that the matter should not have been finally determined on the basis of the trial judge's findings. The appeal was allowed, and the case was remitted to the District Court for a retrial.