Inqua Pty Ltd (543) v McFadden

Inqua Pty Ltd (the appellant) appealed to the New South Wales Court of Appeal against a decision of the District Court of New South Wales. The dispute concerned the appellant's liability for injuries sustained by the respondent, Mr. McFadden, who had been employed by the appellant as a cleaner. Mr. McFadden alleged that he had suffered a fall while cleaning a window at the appellant's premises, resulting in injuries.

The primary legal issues before the Court of Appeal were whether the appellant had breached its duty of care to the respondent, and if so, whether that breach had caused the respondent's injuries. The court was also required to consider whether the respondent had been contributorily negligent, and if so, to what extent this should reduce any damages awarded.

The Court of Appeal considered the evidence presented regarding the circumstances of the fall, including the height of the window, the equipment available for cleaning, and the respondent's experience. The court applied the principles of negligence, assessing whether the appellant had taken reasonable precautions to prevent foreseeable harm to its employees. It was held that the appellant had failed to provide adequate safety measures, such as a stable platform or appropriate cleaning equipment, which constituted a breach of its duty of care. The court found that this breach was the direct cause of the respondent's fall and subsequent injuries. Furthermore, the court determined that while the respondent had been aware of some risks, his actions did not amount to contributory negligence that would significantly reduce the damages.

The Court of Appeal allowed the appeal in part, varying the damages awarded by the District Court. The court found that the appellant was liable for the respondent's injuries and ordered that the appellant pay damages to the respondent, with a reduction for a minor degree of contributory negligence.