ISS Facility Services (NSW) Pty Ltd v State of New South Wales

The dispute before the Court of Appeal of New South Wales involved claims arising from a workplace injury sustained by Mr King, who was employed as a cleaner by ISS Facility Services (NSW) Pty Ltd and injured on the premises of the State of New South Wales. Mr King brought proceedings against both ISS and the State. ISS also brought a cross-claim against the State seeking indemnity under section 151Z of the *Workers Compensation Act 1987* (NSW).

The primary legal issues for the Court of Appeal to determine included whether different assessments of Mr King's contributory negligence should have been made in relation to the claims brought against ISS and the State, and the entitlement of ISS to indemnity from the State. The court also considered issues relating to damages, including interest, and the costs of the cross-claim.

The Court of Appeal allowed the appeal by ISS and the cross appeals by Mr King and the State, setting aside the orders of the primary judge. The court reasoned that the primary judge had erred in their assessment of liability and contributory negligence. Consequently, the matter was remitted to the District Court for further hearing on specific questions, including the liability of the State to Mr King, the extent of Mr King's contributory negligence in relation to breaches of duty by both ISS and the State, and the extent to which ISS was entitled to contribution from the State. The court also made directions regarding the filing of submissions on the costs of the appeal and the future conduct of costs in the District Court.