Glover Gibbs P/L t/as Balfours NSW P/L v Laybutt

Glover Gibbs P/L t/as Balfours NSW P/L (the appellant) appealed to the Court of Appeal of New South Wales against a compensation award made to the plaintiff (the respondent) for injuries sustained in a workplace accident. The appeal concerned an erroneous direction given by the trial judge to the jury.

The central legal issue before the Court of Appeal was whether the trial judge's directions to the jury regarding negligence and duty of care were based on matters that were not in evidence. This question arose because the directions given were found to be inconsistent with the evidence presented by the plaintiff, or indeed any evidence.

The Court of Appeal found that the trial judge's directions were indeed inconsistent with the evidence, constituting an error that vitiated the jury's verdict. Consequently, the appeal was allowed, the original verdict and judgment were set aside, and a verdict and judgment were entered for the defendant. The plaintiff was ordered to pay the defendant's costs at trial, and the respondent was ordered to pay the appellant's costs of the appeal, with a Certificate granted under the Suitors' Fund Act.