Jovanovski v Billbergia Pty Ltd

The New South Wales Court of Appeal considered a negligence claim brought by Mr. Jovanovski against Billbergia Pty Ltd. The dispute arose from injuries sustained by Mr. Jovanovski, a contract truck driver, when he slipped on grease placed on the steps of his truck while on the defendant's premises. Mr. Jovanovski alleged that Billbergia Pty Ltd had breached its duty of care by failing to adequately warn its employees and contractors about the potential for such incidents and the consequences of engaging in such conduct.

The central legal issues before the Court of Appeal were whether Billbergia Pty Ltd had breached its duty of care to Mr. Jovanovski, and if so, whether that breach caused his injuries. Specifically, the court had to determine if a warning from the defendant about the criminal consequences and potential dismissal for placing grease on truck steps would have deterred the perpetrator from causing the incident that led to Mr. Jovanovski's fall and subsequent injury. The court also considered whether the assessment of past and future economic loss was correct, particularly in relation to Mr. Jovanovski's post-injury earning capacity.

The Court of Appeal reasoned that for causation to be established under section 5D(1) of the *Civil Liability Act 2005* (NSW), it was not sufficient that a warning might have had some effect. The court found that, on the facts presented, it was not more likely than not that a warning would have prevented the injury. Regarding economic loss, the court determined that assessing Mr. Jovanovski's post-injury earning capacity at half the average weekly earnings of full-time males was incorrect, and a lesser capacity was assessed.

Consequently, the appeal was dismissed, and Billbergia Pty Ltd was awarded its costs.