Inghams Enterprises Pty Limited v Johnson [No 2]

Inghams Enterprises Pty Limited (the appellant) appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales which had found in favour of the respondent, Mr Johnson. The dispute concerned the appellant's liability for injuries sustained by Mr Johnson, a former employee, as a result of his exposure to poultry dust during his employment.

The primary legal issues before the Court of Appeal were whether the appellant had breached its duty of care to Mr Johnson by failing to take reasonable steps to prevent his exposure to poultry dust, and whether Mr Johnson's own conduct contributed to his injuries. The Court was required to consider the standard of care owed by an employer to an employee in relation to workplace hazards, and the principles of contributory negligence.

The Court of Appeal upheld the primary judge's finding that Inghams had breached its duty of care. It reasoned that the employer had failed to implement adequate measures to control the dust, despite knowing of the potential health risks associated with prolonged exposure. The Court found that the employer ought to have foreseen the risk of respiratory illness and taken reasonable precautions, such as providing adequate ventilation and respiratory protection. The Court also considered the issue of contributory negligence, but ultimately found that Mr Johnson's actions did not amount to a significant contribution to his injuries, given the circumstances of his employment and the employer's knowledge of the risks.

The appeal was dismissed, and the orders of the Supreme Court were affirmed.