H 1976 Nominees Pty Ltd v Galli

In the Federal Court of Australia, Monad (Constructions) Pty. Limited appealed against the decision of the Supreme Court of the Australian Capital Territory in a case where James Matthew Fernance sued Monad for damages. The trial judge found in favour of Fernance, concluding that Monad was negligent in its duty to provide a safe system of work, and dismissed Fernance's claim against the other defendant, Mr. Davis, who was not party to this appeal. Monad contended that the trial judge's findings should be dismissed as no finding of negligence should have been made against the appellant. The Federal Court of Australia, led by Justices Smithers, Blackburn, and Franki, dismissed the appeal with costs. The court held that the trial judge was entitled to accept Fernance's version of events, given the evidence presented and the advantage of hearing and seeing the witnesses. The court also found that Monad was negligent in not providing adequate instructions to Fernance and Davis for unloading the heavy shed, and that Fernance was not guilty of contributory negligence.