HIA Apprentices Limited v Bartley & 2 Ors; Apap Constructions Pty Ltd & 1 or v HIA Apprentices Limited & 1 or

In *HIA Apprentices Limited v Bartley & 2 Ors; Apap Constructions Pty Ltd & 1 or v HIA Apprentices Limited & 1 or*, the New South Wales Court of Appeal considered an appeal concerning a personal injury claim brought by Mr Bartley, the plaintiff, against HIA Apprentices Limited and Apap Constructions Pty Ltd (and Mr Apap). Mr Bartley had sustained injuries at a building site, alleging negligence on the part of the defendants due to an unsafe method of work.

The central legal issue before the Court of Appeal was whether the primary judge had erred in finding the defendants liable for negligence. Specifically, the court had to determine if the plaintiff had established that the defendants owed him a duty of care, that this duty had been breached by an unsafe method of work, and that this breach had caused his injuries. The appeal also involved the question of whether the plaintiff's actions constituted a "casual act of negligence" that absolved the defendants of liability.

The Court of Appeal found that the primary judge had erred in law and fact. The court reasoned that the plaintiff's injury arose from his own "casual act of negligence" rather than from any breach of duty by the defendants. The defendants were therefore not liable for the plaintiff's injuries.

Consequently, the Court of Appeal upheld the appeal, setting aside the judgment, verdict, and orders made by the District Court. Judgment was entered in favour of HIA Apprentices Limited, Apap Constructions Pty Limited, and Mr Apap, with the plaintiff, Mr Bartley, ordered to pay the costs of both the trial and the appeal.